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TOP SECRET
BANKER'S MANUAL • •
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FOR BANKERS ONLY This manua l is des igned for Ban k Presidents and Vice presiden t.. only.
Do no l allow lower leyel bank emplQ)'ces to review.
TOPICS
SECRET LOAN AGREEMENT COURT AND SECRETS HOW BANKERS CAN QUICKLY DOUBLE INVEST MENT MONEY METHODS FOR CONTROWNG THE MEDIA. POUTICIANS AND JUDGES
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Contents Forward Acknowledgments
Introduction
5 9
11
A bout the Author .............................................•............................ 15
Message to Bankers, Politicians and Law Enforcement If any threa ts are made to Mr. Schauf or laws passed to attempt to stop Mr. Schauf-we have a legal plan . We have a plan to check mate the bankers no rnarter what strategy is used 10 stop Mr. Schauf. Mr. Scha uf has placed critical information in the hands or oth ers that will be release d, ell mass. if bankers/politicians take ce rtain actions. Mr. Schauf will act in a legal manner-act decisivel y- swi ftly in a way that no bank er will wan t to happen. If Mr. Sch auf has problems he wil l presume it came from bank ers and legal action will be taken. Mr. Scha uf suggests that the bank ers make certain that Mr. Schauf remains very happy. Bankers may approach Mr. Schauf with a settlement offer. If Bankers try and go to a national to/computer chip implant, use terrorism to fo rce thei r hand. make threats against Mr. Sc hauf or use other methods- Mr. Schauf has a plan 10 legall y checkmate these attempts and win against the bankers. Mr. Schauf bel ieve s that he was called by Go d 10 lead the nati on out of Debt Bondage and Mr. Schau f fears God more than Man . Mr. Scha uf ass ures all A merican s that every contingency has been con sidered . along with our response. WE WILL NOT FAIL. God is with us and no man can stop God.
About the Manual - Its Purpo se Chapter I - Warning Chapter 2 - Court Strategy CPA Banking Report by TH OM AS SCHAUF, CPA Chapter 3 • Addi tional Laws & Strat egies Chapter 4 - W hat Bank ers Fear Chapter 5 - Notices Chapter 6 - Two Kinds of Mo ney Chapter 7 - Credit Cards : : Chapter 8 - Credit Card Bookkeeping Entnes Chapter 9 · Debt Co llectors Chapter 10 - Doubling Money Chapter 11 - Changing the System Chapter 12 - Ultim ate Fear of Bankers Ch apter 13 - The Threat to the Economy Chapter 14- Title 12 U.S.C., Th e Bank ing Law Chapter IS ~ Auditors and Attorneys Chapter 16 - Introdu ction 10 Pre liminary Judicial Proced ures Chapter 17 - The Bible and Today 's Banki ng
16 17 22 34 48 51 55
58 61 65
67 69 72 73 75 7M
gO 83 90
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My goal is 10 inform e very Ameri can to the truth so they can then vote me in as president so I can correc t the banking pro blem and return their righ ts and freedoms.
Suggested Court Admission s
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STRATEGY OF NOTICES NOTICE OF ADEQUATE ASSURANCE OF DUE PERFORMANCE
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AFFIDAVIT of l. Ben Robbed AFF IDAVIT [Bank] AFFIDAVIT (Cred it Union] NOT ICE and DEMAND NOT ICE O F AL LEG ED LOAN DISPUT E NOnCE OF HOLDER IN D UE COURS E STATUS
112 114 116 118 128 134
NOTICE FOR REQUEST OF CONFIRMATION [ll NOTICE FOR REQUEST OF CONFIRMATION [2[
138 140
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NonCE OF BREACH OF AGREEMENT 142 NonCE and DEM AND FO R FULL DISCLOSURE 145 PROO F OF MAILING and CERTI A CATE of SERVICE . 148 Acts, Statutes, Regulations, Terms Excerpts from Tom 's first book ..... "Un,
150 154
Forward In the forward 10 Tom's second boo k, The American Vmers Vs, The Bank iD ~ System . Tom says , " I know God cal led me 10 gel the banking me s-
sage UUI IO the nation. I J o nOI clai m to do th is fro m my pow er but rather fro m the authority, power and provi sion of Goo 's anointing in my life ." Since March o f 199 8, I bega n reading To m's books an d listen ing to his audio tapes, an d frequ ently heard Tom o n shortwave radio as I tried to lIef alternative news about what is really going on in this co untry. After ~onfirming Tom 's inform ation by my own research. and participating in Tom' s wee kly conference ca lls, it became a pparent thai it was time for
DISCLAIMER People reselling the Top Secret Banker's Man ual and books one
and two may offer consulting service s and/or other products. Please be aware that Tom Sc ha uf has no partn ers an d that an yone you contract wi th for con su ltations or other services is act -
ing as an independent agent. To m Schauf ha.. no co ntrol o ver what othe r people offer you as con sultations. comments, advice, information or products. Tom Schauf is not liable for what
these others may offer or the result s thereof. Th is manual is for educa tional purpose s only andnot legal ad vice . Tom Schauf is educa ting yo u s u yo u mig ht vote hi m in as
me 10take an active part in assisti ng Tom in his calling . In a recent phone call with Tom, he wondered why he had been missing some important finan ci al exch an ges in his most recent venture. He realized that God wanted this M anual comp leted firs t ! It appears 10 me that God is ready ~ to begi n the fulfi llment of the Vision de scri bed in Habakk-uk 2: Th en th e Lord a ns wered me a nd said, " Rtrol'"d th f vision. and insc ri be il o n tablets, that t he onf ,,"'hQ I'"ea ds it Dl a)' nm. For it is ]'et for the appoin ted lime ; it hast ens tow ard th e goa l, a nd it will not fail. Thou gh h tarrtes, "'¡ail foe it ; fol'" it will certainl)' co me. il wi ll nol d ela)" n .
president to correc t the proble ms. Beh old the proud one, his soul is not right withi n him .. .
Will not a U of th ese la ke up a ta unt-song agains t him . eve n mock ery a nd insinuations against him. a nd sa)', • Woe10 him "'ho increa ses 'l4hat is nol his for how lon g - and mak es hil11st'lf ri ch with I..!:ulm? Will not )'our rrrdilors rtse up DHl: 1knb:.. a nd those who tD.1J.ttl from lO U a wa ken? Indeed , yo u will become plunder ror th em . Because )'ou ha ve looted many nations. al l t he remaind er (remnant} of th e peoples mil 100' you - beca use of hu man bloodsh ed and violen ce do ne 10 the land. to th e town a nd a ll its inhab itants." (llab 2. 1-4.6-8 NASV)
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Is the co llapse the World Trade Center and the co llapse ofEnron - both major financial powers in America - J US! a coi ncidence ? Or is the Liv, ing-Crearor allowing these events to occur 10 prepare the way for His " Remnant" to spoil their financial "Sla vemasters" - just as they spoiltd the Egyptians before they left Egypt? Certainly the cred ibility of ~ certified public accountants and audi tors has suffered a major bln...... Americans are beg inning to rea lize that the y need to demand a hFUU DISCLOSURE" and a ''CO MPL E'ffi ACCOU NTING" fro m those who are supposed to be protecti ng thei r finan cial, a.. we ll as po litical, inter_
esrs. So the timing of this "Secret Banker 's Manu al" from Tom co uld not have bee n better! Per haps this is part of the fulfill ment of Isaiah 41 .15: " Beho ld. I have made you a new shar p threshing sledge l'fnstr umem" . KJ VI with do ub le edges: you will thresh the mo untains, and pulverize the m, and will make the hills like chaff." (NASV) Since «day's slavery is mainly acco mplished by written contracus and laws of men (paper. workh. this " instrument" mostly likel y is a " paperwork" solution _ using Babylon 's own paperwork sys tem again st them . "T hou sha lt go to USC, C FR); there shalt thou be' de live red" Baby lon [its statures (Micah 4. I0 , 16). "Th ou dids t pierce with his l.l.Wll spears the head o f his throngs" Habakku k 3.14 NASV) .
uce.
J ust how im portant is it that we act on this Man ual. and tell our friends about it? Micah 6 shows that God is angry with us for lli!l doing something abo ut this financial cas te system . and will strike us down with sickna s and poverty unless we act to expose and correct thi s fraud and injustice . Noti ce Micah 6.1 , 2.10-16 (NASV); Hear now what the Lord is sa)·ing .•• I..isl en, you mountains. to the ind ictmen t Df the Lord . .• Because th e Lo rd has a case 3i:a inSI llis People. ..
spt'ak lies p- breecb contr act" Strongs' 8267], and th eir ton gu e is d eceitful in tb et r mouth.
So also will I ma ke )'ou sick, stri k in g )" OU d own. desotattng lOU because of )'o u r sins. You Mi ll eat, bu t you will not be satisfied [not enough to ee t tl •.• ) 'OU will so w but you will not reap (slut'l")'!) ... th ererore, I will give ) 'OU up for destruction••. Let's pUI it this way.. . si nce the Remnant is prop hesied 10 be doing this Work of "s poiling the moneymasters" , if we are NOT involved doin g this Work. the n WE ARE NOT PART OF GOO'S REM NANT! So says Habakkuk 2. "Arise a nd Th resh" (Micah 4.13) is the enli ghtened " battle cry" of this Remnant, consecrating the gai n and substance 10 "the Lord of the whole earth"! Th ose who are part of the Remn ant are nOI selfi shly foc used o n "going to court 10 get out of their own loan s" . The y are focused on God 's end-time Work of correc tin g the :system by remoyi ng the fra ud., enabling every one to have fuJI djsclo sure and equ al protectjon under the law, so thai no one is damaged by theft or co unterfeiting, which debases the currency. Th e Livin g-Creator cares for all peo ples on the earth, and has DO pleasure in the death of anyone (Ezekiel 18.32) . l ikewise. we need to care for eyeo ·on<:. and not be like Jonah. who only cared for himself and how he wou ld look if God did not wipe out all of the people of Nineve h for their sins as Jonah had prophes ied ! Isaiah 52.1-3 shows that it is time now to ..A.....ake. Awake" (from bein g drugged and d umbed -down by TV). 10 "shake off the du s!" (brainwesh of mass media propaganda), to "ri:se up and si t down" (rule ). and to ~~ yourself fro m the chains arou nd your neck" (fraudulent con tracts). "You were sold for no thing , and you will be redeemed without mon e)'." If ~(lu r promissory note was sto len. this Manual will set you free by exposIng the truth of the loan agreement. and givi ng yo u " Notices" to demand full disclo sure of the bookkeep ing e ntries.
Is th ere Jet II man in th e wick ed house. a long wit h trea su r es of wicked ness, and a short mea su re thai is cursed (" a bo m inahle" - KJV] ? Ca n I j ustif)" wicked scetes and II bag of d eceptive weights ? Fo r the rich men o f the ci ty are fu ll of violence ("unrigh teous gain" . S t ron ~'s 2555]. h er re stde nt s
Some people of other faiths may be " turned off' by the Biblical references in lhis Foreword and in this Manual. This is understandable , given
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the disi ntormau on and mi"in formation tha t abound" in tcday's "cio; lize d" and "enlightened" world about creation versus evolution, and the wars and exp loitation that occurs in the name of "re ligion" (see artlct abo ut this at http://freedomnew s.comJe volutio n.html). I can only as~ that yo u be open 10 the possibility that a Living-Creator does exi st, and to be tolerant and res pec tful about our co nvic tions about this. even as We believe in a Creator wh o is a God of Truth, Trust, Courage and Freedom ' and who respects every one's free mo ral agency. Habakkuk 2 declares a Vision of a spiritual Remnant of God 's People of all nationalities rising up suddenly as cre ditors to co llect what was S!Q:; len from them by the deceitful in tern ational moneymas ters of this end. Lime generatio n. It is a Vision " for an appointed time . .. that will m tainly come: it will not del ay: ' It is pro phe sied to occ ur before the Creator returns to the eart h. Th ose wh o read it should "run" (not procrasu. nate). We believe the "appointed Lime" i s ~ and that, by yo ur reading this Manual, yo u will have an o pportu nity to become a part of that Rem. nant, with all me glory and credi t for what is accomp lished going to the Living-Creat or who makes all things possib le.
Douglas-Raymond.Stehling
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Acknowledgments
This manual will presu me that you have read Tom' s banking books Volume I and 2. Tom obtai ned a secret banker 's manual from one of the heads of a maj or university who wan ted to expose the bankers . Tom thanks this person who wishes to rem ain anonymous. To get this info rmation could have cost the person their j ob . Th is person spent $I,OOOs to get this inform ation to Tom and they made it a gift to Tom. So I as k everyone to thank this one person for making this sacrifice to the nation . May we use the information in a resp onsible way. No one was 10 o btain lhis secrel banker 's manu a l without written permission from a bank president. This manual will reflect what Tom has rea d in the secret banker's manual and expose the truth. Tom wants to make it very cle ar that the God of the Bible is the one who instruct ed Tom to ex pose the bankers and set the slaves free from de bt and bon dage . Th e C hristian G od is the one who gets the glo ry for the wor k that has bee n done . God is the one who brought the right people together to mak e all of this possible and to happen. This nat ion was fo unded under God and there are people w ho want to kick God off the throne . God will never be kicked off any throne. One day everyo ne will be j udged by the God who created the universe and Tom believes there is a special hot place in hell for the ban kers and their agen ts al low ing the injus tice . Tom sees clearly the hand of God in all of this and how Go d put it all together. Tom publicl y thanks the Christian God for H is mighty hand in putti ng a ll of this toge ther to e xpose the truth about the real bank loan agr eement. Tom wis hes to ac kno wledge the peo ple who devel oped the lD compu ter car d in 1984 and exposed it to Tom . Tom wishe s to thank the ban kers for the secret ban k manu al explaining what to do in coun. Th e secret man ual let us know that if we do certain things in cou rt, the ban k has seriou s prob lems. Tom tha nks Some of the bigge st banke rs sec retly working with Tom to expose thei r Own banki ng system hoping for a change. Yes, they told Tom that if they pUblicly sup port Tom, they might be killed. Tom has had secret top gov~m~nt official s in to p places helping Tom and Tom thanks these brave Jndlvldual s. Th esc banke rs are scare d of the 10 and how It . wou ld control you. They want us to win and are scared to come public until we get the Voters on . . our Side. The government and ban ker s let Tom know that they need the su ppon of the voters to make it happen : so let' s help and make
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it happen and save America from enslavement . We thank President B ush for co nfirming our rights of freedo m of speec h. To m also wis hes to thank many others who have selfless ly contrib uted research, time and money to this e ffort over the past 10 years . and kept the flame of "Bankftreedom .com" alive. And special thanks to Doug at " FreedomNews.co m" for he lping with this Manu al. and for creating "BankFree dom.Bravepages.com" ~ our new " replicated web site" wit h its Mem ber Forum so we can more easi ly protec t. share and leverage the latest sec ret information among our group.
Introduction In the ear ly 1990s Tom Schauf learned that the European fa milies privately ow ned the Federal Reserve Bank . When he hear d this he knew that the bankers had to ow n and control the Congress, j udges and the major media. He kne w that they contro lled the money supp ly. allowing the bankers to determin e in advance what percent of the people would be foreclosed on, if the stock market would go up or do wn and what the interest rates would be. Tom did not want to get involved . Seve ral peo ple gave Tom a book on the FED and he did not wan t to read it. The se peopl e kept calling Tom to see if he had read the book. Finally, because of their persistence, he read the book. Tom felt thai the God of the Bible had ca lled him to get the truth o ut to all Americans. In one and a half years, he got out 2 million brochures exposing the banke rs. These were broch ures made on photocopy machines. not e- mails . Back then. few peopl e even ow ned a computer.
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T hree month s after he began getting o ut the brochure s, he took a trip the Smoky Mountains and the cook in the restaurant had received a broch ure two weeks earlier. People were copying the brochu res and givi ng them ou t to everyone. T hese brochu res generated so many telephone calls Tom co uld not even work, so he had to stop the brochures. Then people told him that local banks created new mon ey. He did not believe it because tha t would violate GAAP (Ge nerally Accep ted Accounting Princip les) - the ma tching principle - and he knew that CPAs audited the banks and what standards of G AAS (Generally Accep ted Auditing Standards) and ethics must be maintained. To prove to the world that loca l banks did not crea te new money. he asked his students that he taught CPAcon tinuing edu cation . All the bank auditors co nfessed and adm itted that it was a secret. The y even to ld him how it was done . Armed wit h this inform ation , Tom showed a few peo ple, resu lting in abo ut 20 people getting out of their house mortgages. Now the telephone calls began pouring into Tom 's offi ce req uesti ng information. At this time people began using this inform ation with cre dit card co mpan ies. In 1996 Tom moved to T ucson to get away from all the teleph one ca lls. He asked eve ryone to stop calling for a year so thai he co uld write the banking books. It took nearly 3 years working 12 hours a day, 6 days a
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week 10 wr ite the books and make the cessene tape s. Now we have foun d a secret banking manual that is onl y fo r the inte rnal bank office rs ex plainin g that . ifth e bank is sued. and if people see the secret laws in this secret banking manual. the bank wi ll lose in court. If we can get o ut 2 million brochures in one and a half years, think how easy it will be to get out emal ls and have IJ )()(),s o f websites expo sing it. Voters are wi lling to become cam pai gn workers if they know what the plan is and if they know that we can win . We can win and we are winning. It is now time to stand up and be co unte d and inform American s about the truth . If we gel 100 people to hOSI a website. soo n it will be 200, and the n 400. and then MIX}. and then 1.600. and then over 3,Om, and it keeps growing. If we have even I ,(XX> web sites and eac h one gets out H)(}() em ai ls, one million voters will be informed . If everyone got out e mal ls and the ir friend s kepi il going . soon millions of voters would join us. When we have len percent of the vote rs, e veryo ne will jo in us. The popular thin g III do will be to j oin us . We fo ught the Revolutionary War over the same banking issue. Th is fight will nor be fought by bullets but by e mail. websltes. books. the secret bankin g manuals and votes . If yo u do not join us in thi s fight for winning the vo te. the bankers will go to a national lD car d and enslave you all the mo re. Tom talked to the peo ple creating the ID car d in 1994. T hese peo ple were scared. Th ey said that if the y eve r institute the lu. the govern ment! bank ers could track every money tra nsacti on, track you by sa tellite and have absolute total contro l over you. T he Government will say. "I f you have no thing to hide . wh y would you care?" They forget. Ameri ca is the land o f freedom. not Gennany' s Gestapo or Russia's KGB . Show me your papers... and if yo u do not, you go straight to jail. They are looking for exc uses to imple ment the ID that they began research on nearly len years ago . They planned 10 do it -now they just have 10 talk the popclalio n into it, Let us tell the voters about the banking and what they have done to us and the voters will vote o ut those who want to e nslave us through the ban king and !D. TIme is running out and we need yo ur help. Jo in us whil e there is still time to make the chang e for freedom.
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The Arizona Dai ly Star, June 9. 2{WJ2, pg . AU re poned how Ronald Reagan used the C IAlFB I covertly, and unlawfully trie d to Stop po litical foe s per federal judge s . If the CIA/ FBr attepmts to threaten politi cal opp?nent s, what wo uld they do if the y had a national !D card and you d iffered from them pol iticall y'! C INFB I psych olo gical warfare was used against political opponents. Imagin e the contro l tha t they wou ld have with an !D car d. trac king you by sate llite, knowing where you are 24 hou rs a day, e veryone you talk to and everything you buy and se ll. It is call ed total and absol ute control. making people fearful o f free speech. The KGB and Gestapo would be proud ufour lawmakers. President Bush wants one milli on government informants. Thai is one informant for every 240 A merican s. This would give the U. S. a higher percentage of informants than Eas t Germany had using their dreaded STAS I secret police. Th ey 'U be watching YOU . On 9/11101 , they got us to wave the flag as President Bush took away our rights. How stupid are we ? The mainstream medi a remai ned silent about the nume rous eyewitnesses and expert s, incl uding new s reporte rs o n the sce ne, who. seconds before the World Trade Centers (WTC 1col ~ lapsed. sa w and heard exp losions near ground level which brou ght the WTC down. The wrc was designed to with stand the size of a jet thai hit It .Ask a dem olition e xpert and they will tell you lIlal a bui lding like that should fa ll like a tree. and not straight down . without ex pert dem olition team s. Demolition experts e xplain that it is very difficult to bri ng down such large low ers without them falling like a tree. NO! one, but two towers fell, as if expert demoli tion teams brought them down. The 1V showed what appeared 10 be large ex plosions near the ground j ust before the towers collap sed . Van Romero, an explosives expert and forme r director of the Energetic Materials Resear ch and Testing Center at New Mexico Tech , said on 9/1 1. "My op inion . based on the videotapes. is that aft er the airplanes hit the WTC there were some explosive devices inside the buildings tha i caused the towe rs to co llapse." In May, 2002 we find that Bush was informed of the threat prior to 9/ 11. On May 23,2002, Bush opposes an independent inves tigation of the inform ation Bush had on the terro rist thre at prior 10 9/1 1. If he has nothing to hide, why did he Stop the indepe ndent inves tigation. Pri or to 9/ 11. Bush's ratings were low. After 9/ 11. Bush 's ratings went up.
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Let us use o ur head s fo r o ne minute . If it were terrorists, wou ldn' t the y want the building 10 fall like a tree destroying othe r bui ldings'! Many of the top executives tha i had offices in the wrc d id nor come 10 wo rk tha t mornin g. It is reported that 50,000 wor kers did not show up to work that day. One ch ild in school announced the collapse of the WTC a few days in adva nce . Many peo ple were shorting the stock mar ker. espe cially airline stocks. bet ting that the stock market wou ld go down thai day. So what is the deal ? There is a huge deposit of oi l in Afghanistan. Did the y have 10 change governme nts in Afghani stan to get the oil? Is it all about money. greed and control'?Reme mber the oi l fields in Kuwait? An Ameri ca n ambass ador told Iraq j ust before the invasion that the U.S. wo uld not help Kuwait, there by gi ving Sadda m the gree n light to invade . Th en the United Nation s was rallied to counter this invasion . Wh y'?Was il to give validity to the United Nations'! Wars are very popular. They he lp get you e lected . You need a War to lake aw ay American rights . They got us to wave the flag and say nothing as they took away ou r rights . You have to admit they are very slick. For them to pull it o ff, it takes Americans to believe everything the boo b rube says to get the job done. This is wh y we must wa ke up A mericans o n banking. The thi ng we ca n prove and the one thin g that everyone cares about, is MONEY. Nearly everyone is in debt and they wa nt ou t of debt . When they wake up on lhe money issue . they will wake up on the health. United Nations, edu cation , drugs. guns and the other iss ues .
About the Author Thom~., Sc hauf has a d iverse background. He has written two books re~eahng the banking sec ret from the vie wpoint of a CPA court expert witness . ~e gra~uated from Nort hern Illino is Universi ty with a Bac he~rofScience With do uble maj ors in accou nting and finance . After graduanon. he ~orked as a sta ff accountan t for Motorola. He work ed for a sm~1 Certified Public Accou nting fir m, owned and operated his own busl~ess bro kerage finn and Certified Pu blic Acco unting practice . O ver a period of near ly ten years, he has testified in a nu mber o f case s as an Expe~ Witne~ in business valuation, and bas taught the arts of business valuatio n, business acquisition and negotiations to buyers. CPAs and lawyers on a na tional leve l in colleges and maj or universities. He has ta ught I~wyers ~d tho usan ds of CPAs the art of va luation and nego tiations in hIS copyn ghte d course designed 10 meet co ntinuing ed uca tion req uirements. H.e has bee n a controller and head of purchasi ng and person nel for a .maJor manufacturing company, He has bee n a real esta te bro ker and aircraft flight instructor (CA l).
Th ere are people in gove rnment who have an agenda 10 tak e away your rights and your wealth . They are looking for eXClL'>eSto get the j ob done. We need honest people in government. Please help us by getting out the em ai ls , hosting the we bsite and se lling the boo ks. The bonk sa les help fund US to save this great wo nderful nation and gove rn ment. We jU!>1 need honest people running lhe go vern ment. We need voters to switeh from government em ployees repre senting the banke rs, to represen ting honest freedom loving Americans. Saving A merica depends on you. C AN WE CO UNT O N YOU TO HEL P US G ET THE JO B DONE'? If yes. then cont act us to get your website up and ge t OUI the emails and he lp us get the books sold . Whe n peo ple rea d the books. mey get angry and j oin us. Th ank s in advance for your he lp. Together, we will get the jo b done. This could be our last chance to get the jo b done so let's not waste time.
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Abo ut th e !\Ia nua l â&#x20AC;˘ Its Purpose
Cha pter I ~ Warnin g
Tom has rece ived telephone ca lls fro m man y people claiming 10 ha ve had lTM I card dehl~ zeroed OUI or mo rtgages canceled. Som e people have claimed tha i
tne
bankers offered 10 cance l half the mortgage or all o f u in an etTOI1 10 ser ne while asking the borrower 10 sign an agreemeDl 001 10 lell anyo ne thai a
semeroerawas
reached. MOSl all of this was done in sa:rel. People and lawyers want a COUI1 C&.'Ie 10 fax around stowing success and that mighi lle the rea...<;on for the senlemems, 1be
bankers knowthat they cannot al low this on the public record. Proo(is hard tocome by. This manual is designed to expose the tnromauon Tom read in the banker's secret manual and informat ion obtained fnvn bank audi tIXS. 1be secret bank manuaJ ex-
posed laws that bankers fear - laws that. if used. mighl resun in bankers losi ng in
coon. This manual
is designed to sbow the
1a\lo'S
and the qu esti ons bankers cannot
explai n abou t the agreemenl. II shows hislorica lly what has been happening in co urt, II e xplains To m 's theory of why he believes ban kers ha ve offered 10 canc el 5tJ percent of loan s and. up 10 100 percent of some of the loans per Ielephone calls (rom people who have used the seem: information in the Nutkef-'s secret manual. Ban kers hiSiocically do.l not want ro s bow the altered n oes. Bankers cannot explain
the bookkeeping entries ~i ng if the horrower funded Ihe loan . Ban kers ca nno l e xplain if ~ash or notes are mo ney or if OWing money is money and if ne w money
was dePOSlled and crea ted in the loan process and if GAAP was fo llowed. 'The ~ ' .~ _: y caII llOI exr n III """";1 what m mey Is, hut they charge you imerest foe Ihe use of ~-nI mo ney. ffi SIOI) ' shows bankers fear you may c bim stolen I f<ned 001 and fraud in the rectum This manual will mow court Str.ltegies others have useda nd is DOl m rended as legal advi ce . Th is manual on ly e"JlO'SeS informatio n in the secret bank manual of what hankers fear, Tom 's co nversa uons w ith ban k auditors di scu ssing what they fear wit! he exposed. andlaws and CO Wl strategy people have used
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,
~y. one of the putposes ot uas manual is 10 stop the copycats. Many people have Signed ronfidernia.hly agreements wuh Tom 10 kttp the information confidential. only 10 have toese people charge
oners $ 1,(XX)s for lhe same informati on
in this
ma n ual. Many of the copyca ts changed things resulting in people losing S I.()lXls. pay ing for lnfurtuatinn, a nd then losing in court. This m anual's purpose is 10 gel the truth (Julio people alll.l get voters 10 vote in Ule change.
16
This manual is nor designed to give legal advice . This man ual is only to give peo ple histori cal information as to what Tho mas Schauf has learned that has worked and not worked in court. Tom has learned that strategies in court can change every 30 10 YO da ys. If you are using o ld information. YOU WILL LOSE IN CO URT. Before thi s manual was printed. stra tegies changed every 3 10 6 months. The old strategies fai led in court. You have 10 presu me that bankers and judges ha...¡e read this manual and are wai ting for you . On a regu lar occurrence people nave ca lled Tom and sai d, I w ant 10 orde r your books. my neighbor got you r boo ks and the banks agreed to can ce l their debt. I wan t 10do w hat my neighbor did . Tom usual ly warn s people and tells them thai just because your neighbor got OUI o f their loan does not mean that yo u will get ou t of your loan. While they may und erstand coun rules. you ma y ncr, setting you up for a failed coo n case. IN NO CASE SHOULD YOU ENTER INTO A CLASS ACTI ON COURT CASE. You can not win fighting me banking syste m. If you wi n in court. it must be an indiv idual lawsu it claiming that the bank did nOI perform, rbe ban k breached the agreement and con ce aled ma terial facts. The bankers fail when they cannot answer Tom's court admissio ns (statements thai me bank must admit or deny). One person won three co urt cases in a row and lost the fourth court case. The bank bribed the j udge and p laced $ 150 .000 cas h in the j udge's person al banking ac cou nt. The j udge m ight call it a po litical con trib utio n but it is used to influence the j udge like a bribe . Tom Schauf was watch ing the local news on T V. The TV explained how the local foreclosure j udge ama....sed an $8 milli on real es tate fortun e in 3 to 4 years by wo rking with the bankers in buyin g foreclosed homes . How can a jud ge go from no net worth 10 SR million of net w orth in 3 - 4 years without the bankers help ing'! The judge he lps the bankers in court and the bankers make sure that the judge gets the best foreclosure victims with me most equity. One hand washes me ot her. 11 is all abo ut profits. Going to court is risky. You are pla ying in the ir san dbox and they make me rules up as they play me money game. Tom helped explain the bank secret 10 one person . They won in court . Within IWoweeks of winning the court case 1.500 peopl e filed the ide nticallawsuit. The banke rs went to Congress and said we m ust change the law or we will hav e everyone becoming debt free and mat would shift
17
me money to the peopl e ma t wou ld change politics and vote out the banker-paid politici an s and judges. Con gress immediate ly changed the law and the 1,500 co urt cases got thrown o ut and the people lo st. Remember that abo ut one third of Con gressm en are directly related to the bankers by birth or the y rece ive money fro m the bankers. Th e big ban kers have boasted to Tom that the banke rs' money controls both sides of the ele ction and also controls the major media through loan s, advertising money and direc t own ershi p. Bankers simply remind the po liticians that if they do no r cooperate with the banke rs, the bankers will heavily fund the politi cian 's opponent d uring the next e lection. The same big banke rs told Tom that if we organize and get the Americ an voter awak ened to the truth , the Ameri can citizens wo uld win the e lection and change the bankin g system. So it is up to you to join us in an organized way 10 win and we control the laws and who is elected. Congressman Trancam spoke o ut against the bankers. He calle d the IRS (the colle ction age ncy of the privatel y owned Federal Reserve Bank) a bunch of thieves. Now he is going to jail. He said it was selective pro secution and a conspiracy to put him in jai l. O n natio nal TV j uror Lee Gla ..r said . "No doubt gOYem ment was ou t to gel Trafi cam.v'Trafi cam was an example to the mem bers of Congress not to speak out against the bankers. On Friday, 3n 103, The Tucson Cit izen had an article about how the FBI had a practice of misleadin g j udge s to get searc h warran ts and arrest people. Th is is why it is so important to get ou t the broc hures and wake up every American to what is go ing on . You can he lp by hosting a we bsite. get out em ails and wale up hund reds of Americans. As we ge t 1000s to host we bsites and work to save America. we will get everyone talkin g and wanti ng 10 be deb t free . Going to co urt is not the so lution. 11 costs mu ney and takes time . He lp us in waki ng up Americans to the tru th so we can use the American way to change things. We have the best government eve n with all the flaws that need 10 be changed . We have the vote . It is up 10 us to create the fertile soil fur change. CAN YO U TR UST ANY OF T HECUR. RENT GOVERNMENT LEADERS WH O KEEP THE SEC RET, WHO FORCE US INTO DEBT. WHO FOLLOW TI-lEIR MASTER _ T HE BA NKER S - WHO WANT TO GO TO A NATI ONAL ID CA RD TO ENSLAV E YOU AND TOTALLY CONTROL YOU ? Join U." in sav ing this nation from the bankers' agenda before it is too late .
books and man ual sold so that voters understand the truth. Instead of suing the bank, use the banking sys tem to your advant age using cornpUler programs in investme nts 10 qu ick ly increase yo ur wealth . Som e peopleknow how to get 50- 100 percent profit a year. Some can get thai in one week. It is mo re profitable by usi ng yo ur time wisely making money or changin g the laws by the vote instead of suing the bank . Th e sales help fund our organiza tion so thai we can save Ame rica. How can the ju dges and politic ians go agai nst 120 million voters? The money issue always wins the vo te. It is up to yo u to help us reach our goal of having eve ry Ameri can read Tom's books and use the VOle to correc t the problem . We need a clean swee p Il.1 swee p out the banker's polit icians and j udges and to vo le in real freedom loving Americans who will honor our Foundi ng Fath ers quest for freedom and liberties. The voters must first leam wha t the real issue is and that is banking. As Tom was writ ing thi s man ual. a doctor who wrote another banking book too k Tom 's confide ntial information . This doctor signed an agree ment to keep Tom' s Inform ation co nfide ntial. This doc tor took the confidential information. put o n a seminar to abou t 100 people and charged them S600 each for the se minar plus $ I ,OOJ for other materials that were for sale. Several other organizations stole Tom 's information after signing agree ments to keep the informa tion confidenti al and then breached these agree ments only to charge S I ,()(X)s or more for the same informalion given in this man ual . Some of these same organizatio ns give legal advice or para legal he lp. One person, after signing an agreement to keep the information confidential. won a court case, breached the agreement and then began charging people 5 10,000 for the information. The people hosting the websltes know who these people and organizations are . The se same peo ple and organizations lie to peop le in order to get their money. Please be careful before paying these people one cen t. Please warn othe r Americans sn thaIthey do not get invo lved with these people. Peo ple who brea ch signed agreements can not be trusted . Do not trust people who have a track record in using deception and lie , be it a politician or someo ne who is trying to make a fas t dollar getting you out of yo ur loan . Som e deceivers even tried to cla im that they were partners of Tom and they we re not.
Instead of suing the bank in !,..o urt and spending all that time and mo ney. use your time wisely and get out the infonnario n, by helping us get the
lh~ manual is desi gned to stop those who breached past co nfidentia l agr~ment and fro m o ver-charging people. Info nnation thai was kept
18
19
confidential in the past that cost between $300 and $ J,200 or more is now here in a manual . Th e idea is for people to buy this manual and not pay the decei vers who brok e the agree ments with Tom. Yes, mere are a few honest people chargi ng that gel inside information from Tom . Yes, people need help. If the bank er wrote me agreement, have them explain it. The y refu se to explain it so how can there be an agreement ? Let the vote rs know the truth so they can VOle to fix the problem.
to pay off your credit cards. You gue ssed it. The credit card com~~ . card companies ' WI'll be more , . ' wrote that law. I predict that credit ~~ ,. h .l' ff Id to collec t and tell you that if you have unpaid bills al l ree ut erent :~it card co mpanies, they will force you into bankruptcy. So payor else, 1ltis is why you mu st learn to use investments 10 your advantage and earn more mone y. Earn more mon ey and stay out of court.
For the record , Tom neve r rea d the book DEBT VIRUS by Jacques S. Jaikaran, 1995. Tom understands that Jacques claims To m read his book and gOI info nnation from his book for Tom 's book. The truth is lIlal Doctor Jaikaaran signed an ag reement 10 keep confide ntial the information that Tom developed. Tom has copies of the agreement and signat ure on-hand. The confidential information was on making an o ffer to discharge the debt with the condi tion tha t the ori ginal agree ment was not altered and that the holder o f the promissory note is the true owner and that the bank return the origi nal pro missory note unaltered plu s other information . After this agreement was signed , this person gave the infor mation at se minars . Tom cha lle nges the author to prov e otherwise. Thi s information o rigi nate d from Tom as pro ven by the signatures . The only point Tom is making in this case is thai Tom never read his book. as some claimed . and that Jacqu es signed an agreement to keep information confide ntial that was developed by Tom . Later, thi s same derivative of inform ation was sold at a se minar. Tom is nor claiming wrongdoing o f Jacques , Tom is cl ai ming thai Jacques gOI the informa tion from Tom. The point is that Tom develo ped the information as proven by the signature . Tom wan ts 10 keep the record straig ht and stop those who are try ing to use deception in this matter clai ming that the opposite occurred. Compare that info rmatio n 10 that in this manual and you will see additional infor mation in this manual that is not taught at tha t se minar prior 10 this manual being printed, Tom thanks the author for exposin g the bankers , Expatriation. changi ng court j urisd iction. is no t new. Tom j ust wan ts people to know that he creat ed the origi nal information and did nOI copy it. Sunday. Mar ch 23. 20{)3 The Arizo na Daily Star reported thai the House of Represen tati ves passed a ban kruptcy bill . Now you cannot easily write off your credit card deb t in Chapter 7 bankruptcy. Now they want to garnish your wages over five
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Cha pt er 2 • Cour t Strategy The bank -trai ned lawyers are ex perts in co urtroo m procedures. Reme ItI ber, it was the ban kers ' U.S. Presidents who got through the 1'Tad. · With the Ene.my Acl" and the Em erge ncy War Powers. Th e U.S. G;~ em ment and It.. lead ers d~lared the U.S . Citizen to be me enemy. 1'hix ~a~ s yo~ mu st h~ve a license 10 trade with the enem y (yo u). The SOl. di ers (po lice) req uire thai you have a dri ver's lice nse. Th e soldiers m argue mal co uld be a good thing to get blind people and drun ks off ~ ~oad and keep people under con tro l. The court has a mili tary flag tlyin 10 the Courtroo m. The gold fring e n ag makes it a mil itary court. The w~ allows the victors , bank ers and the govern ment agents working for !he banke rs, to plunder the enemy (you ). Now do you understand why the')' want 10 ~et all me gu ns? They want to disar m the ene my. You no longer have a right to own a gun under the Constituti on • They turned the n.ght • •. I:U m~o a pnvllege. that they control by licen se. Th ey fear that me enemy migh t comm ur ucare and realize that war has bee n declared on the m and the war allows .the ban kers to ereale money 10 plunder the enemy. The secret weapon IS the mo ney creation in a silent war 10 p lunder the enemy· you. They want 10 go to a national 10 card so that they have Iota! co ntrol ~ver you . The ID card al lows them to track yo u 24 hours a day by sa telli re. You cannot buy or se ll witho ut the 10 so they can control yo u. Delete your ID card and you cannot buy food to eat. Get the idea of the terrori st talk. Using the terrorist police pow ers, the government has ~ady abused ~e pow~r agai nst that people they do not like . They say tf you ha ve nothin g 10 hide, then you do nor care if we use the 10 . h is all a~lUt power and control. Do you trust them after they d id what they did With the ban king '! Do you trust any one who wages war agai nst yo u 10 pl~nder you? Th e propaganda media is there 10 talk you into willing go mg along with thei r agenda . Th ey cannot fight 120 million voters w ho ~ay NO. If you were a Congressm an or j udg e and getting all that mo ney from tbe ban kers to get e lect ed and person al Investment mone y, why ~ould you change the system unless the vote rs al l wake up and say enough Is enou gh'! The key to win ning in court is he lping us infor m every American voter and using the vote to correct the problem and end the war. Exposing the pro blem forces the problem to be corrected.
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\l1 court . you can not use the Consti tutio n. or say the y .lent yo~ credit so \'llU do not have 10 repay the money. Th e banker and Judge wi ll try and ~et you to agree that you have a signature o n the agree me nt. thaI. the bart"- lent money to you and therefore yo u must re pay the mo~ey. It the
judge says. is that your sig nature. some people say. " It loo ks like a maslerful forgery. I do not understand what this docu ment is. Can you stipuwe if this promissory not e acts like money or mone y equivalent used to rive value to a bank chec k? C an yo u stipulate al l of the material facts ~)U I the promissory no te or what the agree me nt is so I know what it is that my alleged signa ture is validating as to the agreement. I do not unJer.>tand in the agree ment if I provide the capital or if the banker does 10 fund the check . I cannot testify if some thing is my signature if I do not know w hat is agreed to in the alleged document." When the j udge demands that yo u sa y yes or no . some people say the y will answer when you explain what the agree ment is . How can yo u testify 10 something mat you do not understand and they refuse to ex p lain? Some respo nd saying it look s like a forged document 10 me with concealed ma terial s. If you agree that it is you r signat ure . you lost the court case. Yo ur signature means yo u agree that the bank lent you their money and that you owe the m your money. The j udge may de mand tha t yo u sa y that the bank lent you money thai resulted in your purchase of a ho use or car. But, if you agree that the bank le nt their mone y 10"purchase " your prom is.sm y note . then you are testifyi ng that the bank violated the law G AAP. Per G AAP and Federal Rese rve publicati ons , IWOloans were exchanged. You lent the promi sso ry not e to the ban k that funded the loan back 10 you. Th e loan from yo u to the bank is the deposi t of the promisso ry note . GA AP requires tha i the ban k " match" a new bank liabilit y with your name o n it showing that the bank ow es you for the deposit the y accepted from you ju st like they do when you deposit cash in to yo ur checking account The bank er know s as we ll as the j udge that when you deposit cash into your checkin g account, yo u lent the bank yo ur mo ney. If you withdraw your money, the bank lent you nothing . The fonn • co ntrac tsa ys tha t the bank lent you mo ney. bUI the substance - bookkee ping entries say that the bank acce pted your promi ssory note as new money as a deposit ju st like de positi ng cass h into your chec k ing acc ount . Your signat ure cannot tes tify thai the bank lent you the bank' s money to purchase your promi ssory note, but the bookkeeping entries prove tha t they lent nu money 10 purch ase your prom issory note . If you lent the bank +
+
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money a" a deposit . the ban k. .accepted money from you, the bank never
gave up one cent of the bank s money. The bank accepted money fr ited iII. W bicb { Jill you an dd eposrt rc iIS the opposi te oflendi ng yo u mon ey. If YOu
.""
lent the bank money and they returned the same value back 10you
'ideratio n give n ttl purchase it from you . No considera tion was given
~"ns uired by the UCc. Thi s has scared bank an omeys telling the ir bank
" "", nOI to res pond. The banke rs' own secret, inside manu al ex plained , hen . . d in the factum, vce 3-305 . This means thai the party who did not
loan s were exchanged or they sto le your money. The bank chan er
~e (he agree ment had no reasonable opportunity 10 obtain the knowl-
quires the bank to follow the law - GAAP.
: e of the terms. Th is is why we write the bank noti ces requesting in-
can presume the b:~ m ~sl. follow the I,aw '" the contract is an illegal contract. The contract said interest. WhICh IS defined as the charge for the use of borrow~ money. We can presu me tha i the party who fu nded the loan is to be paid the money. The bank claims that the form says that the bank funded the Joan and sho uld be repaid the mo ney but the bookkee ping entries Y(lU
",
prove me opposite. Did the agreement say tha t the bank was to steal lhe promissory note. alter it to become money. and then return the stolen money as a loan or did the bank use their mon ey to purch ase the pro missory note from you without the econo mics si milar to stealing and COUllterfeiung and swindl ing? Th e banke rs hate it if yo u clai m that the note was stolen and forged. You have to have a damage in court to win. If it is stole n, you can clai m a damage. If the hank violated GAAP. then the CPA aud it is a fraud and the hank man age ment and C PA will go to j ail and the SEC can go after them so they cannot say that the y did not follow GAAP. If they fol los G AAP. we know what the book kee ping en tries are and they did the opposite to what you unde rstood the agreement was to he. You only care about the agreeme nt. You only care about GAA P. You onl y wan! the m to explain the details of the agreement they wrot e. You want the original promissory ROIl' back to see the stamps to see if you are paying the proper part y endorsed on it. See VCC 3-302. Adequate assurance of d ue performance vee 2-609 is for the sale or purchase . If you deman d adequate assurance of due performance , the other party mu st give assurance in 30 days or the dea l is off for purchases . The bank will try and demand that this does nOI app ly 10 them . If they do this they adm it that the original alleged lend er never pur chased the note fro m yo u.
f\lJl1lalion on the terms. They refuse [0 tell us who was to fund the loan, he paoli. or the borrower? Did the ban k follow GAAP? All maj or banks ~Ye an annual stoc k report that a stockbroker can ge l for you showing the CPA audit opinion stating that the managemenl and CPA agree tha i GAAP was follo wed. w as it the inten t of the agreement that the party ....ho funded the loan is to be repaid the money ? Do yo u see how the llank must conce al the truth? Imagin e the bank ad vertise sa ying. "lei us sleal your money and return it 10 you as a loan ." Who would agree to this? They mus t make you belie ve that they lent yo u other depositors' money. maki ng yo u feel thai yo u have an eth ical dut y 10 re pay the loan . Read vec 3-302 10 3路308. Holder in Due Course - real defenses are fraud in the factum , material alteration and stolen notes. See persona) defenses are want of conside ration and fraud in the induce ment. They may have changed the Hold er in Due Cou rse part of the uec so be advised. The sto len I forged I conceal ment part of the uce should reo mainthe same. Th ey exchanged one k ind of money - promissory notethat was deposited for another kind of mone y called a check. The check acts like money per the uec. The ban ker will say it is an e xchange of which you must pay back I(Xl percent of the money exchang ed plus interest. The banker will say that they do not have 10 pay one ce nt of their money Ient to you to buy your promissory note. I as k wha t does the agreement say that they wrote? Wh y would the voters allow the exchan ge of money for mon ey and then yo u have 10repay the money plus interest? Ignorance is the ans we r. If vot ers knew the truth and understood how the bankers got oearly all the mon ey and wealth for free and control the lawmakers, judges, poli ce and medi a, we wo uld c hange the bank ing system to follow Presidents John F. Kennedy, Abraham Lincoln. Th om as Jefferson. And re w Jackso n and l ames Garfield.
lei us presume thai they purch ased your note using GAAP and d id nOI steal it. It is nut a gift 10 the bank without yo ur knowledge . The vce says that no title passes with theft. Thi s is where peopl e use this re~ sponse to sugges t that the bank knew that the note wa s stolen. with ml
The banker has proble ms answering the admiss ions that we have. They cannot ex plai n the agr ee me nt. The bank attorney will say, " Interesting theory. this is the way it work s." T hey can not explain if the y follow ed
24
25
GAAP, no r if the in tent of the agreemen t is that the part y w ho funded loan per GAAP (the bookkeeping entries) is to be re pai d the money,
... ' d that the borr owe r funded the loan 10 the same borrowe r. If
enlrle~ o wer provided the money. wh y are we paying bac k the princi ple
T hey can not ex pla in what is money per the agr ee me nt. Never as k for
legal definition of money. Only the judge can discuss tha t. Ask, "Wh:q per the agreeme nt?" They call an exchange a loan. They
mo~ ey
OWing money. money. and then they say. "So wh at , yo u got the rno
We ret urn that argu ment and as k "According to the agreement, did ban k use the promissory no te ali money or mon ey eq uivalent or capi to fu nd the loan ?" If you deposit cas h at the bank , how m uch money tl the bank loan you w hen the cash was deposited ? NON E. You lent iQ bank money. Rep lace the word cash with promissory note and yoU'
the exchange; the bank mere ly acted as a moneychanger and ch~ you as if there were a loan. Two loans were exchanged . You must re~ the loan and the bank ne ver has to repay the loan from yo u to the baill T hey conceal the loan from yo u to the ban k. creating the economic similar to stealing. counterfeiting and swindling . An agreement me mutua l understanding and no conceal ment. We are always happy to repay the loan . j ust e xplain the det ail s so that vote rs will know how 10 vote . If voters believe the big lie , you will enslaved in debt and yo ur wealth goes to the bankers for free . It is our 10b to tell the truth to the voters. Have the judge ad mit that the econo ics are similar to stealing. cou nterfei ting and swin dling and that is how wor ks. Le t the voters vote out that j udge ne xt e lectio n or vote out ~ Co ngress men and Pre sident who allow j udges to deny us equal prolf(路 tion under the law and use concealment to kee p the tru e economics the bank loan a secret. Vote in Tom Schauf as President and he will pUI i; honest ju dges and correct the problem .
N
". bO"" I..... . rest to a party who refused to loan the mo ney that they adver..":'~ ~ dlnte . the co nsiiderati thaI they would loan and then re f use d to give eraucn u . d? If I lent you my money. yo u shou ld repay the loan. If I stole romlsl' . . p oney and returned the value ot the stol en property to yo u as a y~ur ~d I conceal the theft and did I perform as promised ? Th is sto len \t~~\ changeS the cost and risk of the alleged loan. Lack of considertIO ac. is a personal defense. No title passes in a theft per VCc. Federal aIJOk"路 "g law GAAP was violated. Use a C PA expert witness to confirm ball tn GAAP. They ca nnot put up an e xpert CPA witness and ans we r our 600 uesriOi15. Then place in the admissions - ad mit or deny - w hich they nOllikely 10 ans wer, whic h might allow you to go to summary j udg-
:re
men!. You had better really kno w law and co urtroom procedures or yo u can expect 10 lose unless they do nor answer the lawsuit. Eve n ifthey do nor answer the suit, wi ll the ju dge sign off and allow you to win'! So unds easy, bUI it is work. Do not ex pec t the bank to le t you off the hook tha t easily. Donor stop making paym ents or they will foreclose . Some peo ple send a new promissory note in the amo unt of the ori ginal note payable in the same species of money or credit that the bank used to fund the loan perGAAP thus ending al l inte rest and lie ns . Then they wri te loan payment checks payable 10 the ne w note. If the ban k acce pts the checks, then you can have fun. If they do not, you might cl aim breach of agreement. You tried to learn the facts of the agreement and they refused to explain. We write notices to learn what is the real agreem ent . When they refuse as breach of agreeme nt - conce alment.
10tell us. we look at it
If you were on the j ury and so meo ne cl ai med the bank stole the promissory note and returned the value of the stole n property as a loan, y% wo uld wonder whe n the banker can not explain. Th e pro missory nole ~ believed to be forged and there is fraudulent concealment und fraud ~ the fac tum with unjust en ric hme nt obtainin g the promissory note tit free . by violating G AA P. Fraud was committed by misreprese nting thill they would foIlow the law and G AAP and they did not fo llow GAAP. Th e GAAP discussion forces them to disclo se the ac tual bookkeepin$
26
People try and stay away from the wo rd fraud . If you say fra ud, you have a greater bunlen of proof. You shou ld instead lilly breach of agreemenr, they stole the note and you want it returned or for them to fu nd the loan. When the stole n property funded the loan, that is a breach of agreement. '(011 need to show that the bank never perform ed and never was ou t one
27
cent and that the stolen property funded the alleged loan that was a ~ of agreement. let them tell you that the agree me nt al lows the m to s and crea te new mone y. Fraud in the factum - yo u never agree d that y signature and pro missory note was money to be stolen and reruIned 01$ loan. Rem em ber, we are defining stolen as the ban ker getting the promiSSc:r\ note without spending one cent to purchase it and viol ating GA AP _~ match ing principle. The banker argues, "This is how it is done , you signed the agree men~ yo u got the mo ney." We ask , "was the agreement al tered after it w signed, was it forged? " We as k, "Did the borr owe r provide the t"apital for the loan 10 the same borrower per GA AP (standard bookkee ping entries )? Did you follow GAAP as req uired by law and the C PA audit opinion ? Is. it the intent of the agree men t that the one who funded the loon ~ GA AP is to be repaid the mon ey? Were materi al facts concealed? Mi. Banker. do you understand this agreemen! and who was to provide th6 money or funding for the loan ?" Th ey cannot explain the agreement that they wrot e and that they are tryin g to enforce . Please read and study Tom' s two bankin g books for fu nher trai ning. Bank ers have told Tom that the American people are too stupid to understan d the bank loa n agreement and bookkee ping e ntries and no one can explain it in co un to a ju ry. Tum agrees, you need a j ury and Tom sa~ that a ju ry can understan d it. Wh y do we kee p talkin g about GAAP? It is the law. If they claim waf GAAP was not follow ed , they violated the law and the C PA audit opin· ion. If they foll owed GAAP. they cannot clai m that they do not know what the bookkeeping entries are . Th e bookkeeping entries prove who lent what to whom. Two loan s were exc hanged and we believe lIlatall borrowers should repa y all loan s giv ing each party equal protection. We believe that all the facts should be disc losed in the loan and not conceal material facts as to who provided ~ money to fund the alleged loan· Who co uld argue with that ? Wh y no t tell the truth . the who le truth, aod nothing but the truth? If the re is noth ing wro ng with the banking system,
" peop" .. bankers have been te II109 oter? The f act IS, v.u' I >0 It teUevery v · . s and ou mus t re pay the cans ;her the can be re paid the money. ~ ... . 1. r depoSll ors the borrower h Id be canc eled because the ('j u,e tl\'Il ..• uue . the n all loans s ou GAAP and per the Federal If thu> IS the same borrower per ed the loan to . lund B nk publicau o ns . Reserve a . Whal worked last month
~~~
deposito~ fu~dwehdo~n~: lo~ns
.
arantee of a court win.
Remember;: ;: :~I~work tod ay. U a friend won , it d~s,: ~=~
isnot a gu . . IStime and money to go to COU . . ._" you Will win. It cos 'Tbejudge might be afnud to Itt u' and the attorneys. e have the time, the mone~ . not our friend . Tom believes thai you rule in your favOr. The J~d~eh~p us ~et the voters to join us. The voters )}lould stay out of court an are the sure way to fix the probl em. t the bank su mThe be!U. court strategy to s 0 P This is the key to wlfl~mg. ou is ~he CPA Report copyri ghted by Tom mary j udgement against y . ..... " -ourt adm issions. You need the k . ... ban k uslOg lorn ~ l.: gcnauf and sumg tne ued or you sue the ban . CPA Report regard less of wh~he~ ~:n:es~ without personal know'~ Look at court procedure s. The ~ h I give legal knowledge . the edge, and a co py of the note ml~ ~no Ill)' Soc ial Serve. v P.A .Q. 317
.
.
see
follo....-ing court cases: Monmou. 1:;;8 see also : U nited States Bank-N.J. Super 187. 193-194 App. Dlv. d ~eblOrs June 30 . 1993 Bankruprcy Court NJ . Investors and Len e ruptcy no. 92-30754 .
. F deral Credi t Union. PlainSupremeCOUft of Hawai i. Pacifi c Concrete Ie d I AnnPlIanl No 6162 " J SK anoeDe en an yr. uff-Appellee v. Andrew . . au ' . th boOkkee ping entries July 11.1980 1ells us that the bank must gIVe us e .deoce O ne cannol " " ank' . .de 'e is hearsay eVI . With an affidavit or the b s eVI enc .. h thi !1. and a C PA . enter hearsay evidence "1010 the court. To m say s Wit report talking abou t GAAP. the bank has a ser ious problem. . . ·f yo u sue. This way, they It IS best to not be behind 10 debt pay ments 1 • CPA expert . . rtan t 10 use a . cannot foreclose and you can win . 11 IS rmpo witness using Tom' s copy ri ghted CPA Report. " d the· friends and mo re and If YOu got lCKI emails out and they emaile If
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~re peo~le put up our web site and distributed the boo ks. we could qu ickl y Win the nation before ir is too Iale. lf everyone Slopped and wem [~ coun, we cou ld lose the nation and go vern ment we love. We have lhe right to replace the em ployees cal led politician s using the vote bUI We need yo ur help to ge l me j o b done. PLEASE JOIN US IN SAVING AMER ICA AND TIlE REPUBLI C WHIC H STA NDS . ONE NATI ON UNDER TH E C H RIST IAN GOD OF OU R FOUl\'DING FATH ERS
WITH UBERTIES ANDJUSTICE FOR ALLAND EQUAL PRaTEC T ION wrr~ JUST ~EIG.rrS AND MEAS UR ES . II is our j ob 10 gel every American talkin g so Ame rica will be safe for a ll. AMERICA'S
RITURE IS IN YOUR HANDS. They migh t be able to stop us in coo n but they cannot stop us from gelu ng the voters organized and awake ned. and VOle them OUI of o ffice and put in hone st Ameri ca ns. He lp us make it happen. The lawmake~s and courts have been he lping us with the followin g co urt cases de man ding thar the lender have possessi on of the pro missory note ~fore the banke r can collect. See the following co urt cases confirm ing ~IS. See Maue~ of Slaff Mon. & Inv.Corp., 550 F.2d 1228 (9t h Cir 1977). Unde r the Uniform Comme rcial Code the on ly notice suffic ient 10 infor m a ll interested parties that a securi ty interest in instru ments has been perfected is actual possession by the secured parry, his agent o r bailee. See Bankruptcy Coun followed by UCC In Re Investors & Lend ers LID 165 B.R. ~R9 BKRTCY D.NJ. 1994" Under the New Jerse y Un iform ~omme~lal :ode (N JUCq promi ssory note is "instru me nt," sec urity interest In which must he perfected by pos sessio n..: ' C learly the co urts Wh YIS . thoIS de mand possession of the note before the bank can collect . ~~ . so Importan t'! It is important becau se you have been paying the loan 10 bank #1. Bank # 1 se lls the note to bank #2 . You keep paying the wrong party, Bank # I. Now bank #2 who bought the note from ban k # I dema~ds that you pay the last 12 months of payments 10 bank #2 . You c~~ thai you paid , and bank #2 claims thai you paid the wrong party. Thi s IS why you must be sure thai you paid the correct party and must see the note 10 see who the note is sold too or yo u mu st pay twice . You w~lU ld . have to pay the wron g pany and then again pay the correct parry, \ Ihslom 路a lly. the bank claims the y lent you mon ey. The bank bundles up the promis.."Ol}' DOtesin groups of aboul S2-3 million and uses the BOies
30
as val ue to issue a bond and se lls them to Investors. The bank. becomes 1ht." selVicing agen t. Now the bank sue s you and tries to foreclose. Get the picture? Th e bank does not ha ve posse.sslon, and is not the own er of
th~ note so what legal standi ng does the bank have to sue you? Peopl e have demanded to see what contract allows the non -owner of the no te to SU~ you. The se rvicin ' agenl has 6Q day s to g~you the owner 's name aft~r you ~uest it title 12 under serv icing agents). They usually sell il -;g;in' when you req ues t the owner's name and keep se lling il so vou cannot find our who owns it. Peo ple have de manded 10 know who ~w ns the not e. and what contract allows someone oth er than the owner !O sue you. lt is like you havin g a contract with your neighbor. Joe . Your neil:!hbor Tom sa ys you violated your agree ment with Joe , so Tom sues you. Tom bas no contrac t with yo u and canno~ sue yo u. Replace the word Tom with the word bank and yo u see the picture. Th e bank: works un presumption hop ing that no one demands the o riginal note or who O""os the note . If you can not find the note . some sta tes allow one to reconstru ct the note . fl ow can the y recon struct it if the one do ing the recons tructi ng has no per sonal know ledge and yo u are arguing the term s and conditions of the note . Only you have first hand know ledge. only you were there signing it. Some slates allow the attorney to use a co py of the public record where the note was recorded in the country record and certi fy the copy as the original. Again the attorne y has no personal kno",:l~ edge and it cou ld be forged. stolen and we still do not know who o wns l.t . They still cann ot explai n our b - 7 term s in disput e in the back of uns manual in the noti ces claiming breach of agree me nt. Tom Schauf reo ceived a telephone call fro m so meone who used this infor mat ion. The person wrote to the bank. requ estin g a copy o f the curre nt note with the assign ments (paid 10 the order of... ) showing who is the curre nt ow ne r of the note . The bank refused 10 respond. He gave a second requ est. He did not give any arg ume nts or dispute . He onl y reques ted a copy of the note, Now he sues the bank cl aiming mal he is the hold er in d ue course of the title (If the horne and the bank is not the ho lder of the note . The bank refused to answer the law suit and he got his ho me free and clear. Remember after one sues, you can amend the suit on ce . If the bank re sponded. you could cl aim thai the term s were altered or breached. Th e bank did not wanrtn get involved in answering the questions a" ttl breaching the tenn.s and 6--7 things conce rning the terms tha t we want to uisCUl>.s.
tSee
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revt r.>ed the first court decision because the first attorney vio lated the
Tbey never tel l you who owns the nore . They have been known to se the notes . you payoff the enure note and the bank give s you a shee t pape r saying it is all. p~d off. T hen 5 years later the owner of the nOli: fore close s. Why ? It IS si mple. You never got the original note back anc you mu st p.rnve that you paid off the note . People have bee n fore d oSflj on ~ho P3l~ off the ~ OIe 5 years ago b ut lost the one piece of paPer saym~ tha t II was paid off. Th ey throw out the ir old bank slalemenu showing tha i they paid it off and did not gel back the original no te. Th' is why it is important to see the original note and gel il back . This is wh, it is important to follow the law and gel the note , and see who owns ~ and gel back the original. Two people taught by To m have been winni ng on credit cards. O ne per. son .invl~i ces the credit card, then se nds an op portunity to cure and pay the invoice . Then he sends a defauh j udgemem Next he sues the credit card com pany in sm al l claims court. Res u lts have bee n wins and the cre dit card companies have issued checks back to the victor in smaD c laims court. Some small clai ms will no r al low you to sue an o ut ofstee business. Check the agreement regarding jurisdiction, arbitration and coon location. One person 11-.e5a bill of part iculars if sue d by the credit car d co mpany then enters a mo tion to dis miss the cou rt case brought by the cre dit card company for nor comp lying with the Fair Debt Collections Pract ices Ad and givi ng veri fica tion/affidavit by so meone with pe rsonal knowledge and he uses our CPA Report and o ur CPA expert. Results have been successes. As I write this it is not a 100% success. Th e week I wrote this one man had his mortgage can celled on one house . but on his other house the mort gage was not cance lled.
ta ~i.
GIld gave us a wo nderful gove rnment and laws and court cases. You ¢Cd to use w hat G od gave us to protect you r rights. Do n' t let some attorney vio late your rights and get your property for free . We me rely lI'anl to know the whole tru th and nothing but the truth regardi ng the lIo'hole agreement and bookkeeping entries and follow the law. What is \lI'rong with tha t? If the bank has nothing 10 hide . the n let them explain allof the details. We simply believe that the part y w ho funded the loan. per the bookkeeping entries, sho uld be repaid the money. Who could argue with that un less you are a swindler. On ly a swi ndler wou ld try and suppress ev idence proving who funded the loan . Th ey cannot prove us wrong so now the attorneys resort to name culli ng . We see this in court. When an atto rney ca nnot gel a witness with personal knowled ge to pro ve their case, the attorney tries to be the witne ss tell ing the j udge tha t our arguments come from Google.corn and are nonse nse as the attorney cannot explain GAA P. the Federal law that they should know. So do we have another Enron, Arthur And erson C PA firm on o ur hands? 1be j ury convicted the CPA finn of Anderson on June 15,2002 for ob stru ction of justice for impeding an inve stiga tion . Did you know that Anderson was a big bank auditor? How can we trust them or any oth er CPA firm auditing the banks? We have a number of CPA's now who agree that federa l law G AA P was violated and this means tha t the audi t is like the Enron situation. The bank attorneys do nol know GAAP and can not testify to GAAP. On ly a CPA can testify to GAAP and now honest C PAs are exposing the truth .
See Appendix for "S uggested Court Admi ssion......
There are a series of co urt cases on vo id and vo idabl e j udgments. The attorney foreclo sing did not tell you that he is a deb t collector per the supreme cou rt ruling. You had no oppo rtuni ty 10 demand verificatio n, affidavi t sig ned by the attorney. wi th perso nal knowledge, veri fying the debt. The attorney forces you into court and win s. Th e at torne y broke the law by not informing you that he is a debt collector. Peo ple have used court cases showing thai the first court case is void o r voidable and
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33
CI'A Banking Repo rt by THOMAS Sc/IA UF, CPA
p-;el which is reco rded unde r loan accounts. They to ld me that they redetint' words 10 mean the opposite thereb y significan tly changi ng the meanJuly, 2002 iJlg, lX'St. and risk of the alleged uansact ion and agreement. The auditors Jmponam: Th is report " " .. IS copyrighte d. Co pyright 2{X)2 Tho . . ~~aU tho~zed copying or use of lhis report is Prohibi l~ and ~~ Sc"'-! explained how they play with words to hid e the truth of the rea l transacII copying or use is subject 10 a fee of IOU (XX) h e~c proftj tiOll and !he real agree ment. dollars per eac h una urh )' d . cas • UOlled S on..e copy or U~. payable 10Th oma.<; Schaur M'i.'Ording 10 Chicago Feder al Rese rve Bank publicati on Modem Money ~Iechan ics. page six. the bank reco rds the promissory note as a bank asThis banki ng report is 10 expo ' the r . smoke • . . se res. ml.<;represe mation and 5fl which is offsel by a new bank liability calle d the borrowe r' s tra nsacd" • use e and mirrors by bank auditors an d r .... au ttors. liM account (which is commonly called a checking accou nt). Please note the word "borro wer's" is possess ive . POdge three of the same report. secTo avoid repeating, one may go 10 the three ' . . banki ng 10 find my bac k d . book s thai I have WOlfen Q. ooo oolumn and second paragraph. claims that thebankscreate new mooey CPA. I have resufled gro un and 'oc:' uon. I am an lIIinois licenser: as loans are gran ted . If you read the page , they redefine the wor d "money" as a co urt expert witness for ro ughl len e mean ow ing money which is the oppos ite of mo ney. The idea is that if taught CPA conunulng education classes fo ePE Y . years len years I have ta h . . ' r Over a period of aboD: you deposi t $ 100 of cash into a checking account. you can count the r how to [~stify as a ~p~a;:aJo universities and nation ally leachin g CPA' checking ac co unt (bank lia bili ty) as money because ther e is an equal radio and TV statio . un elt~n wi,mess. I have been on a number amou nt of money. cas h, deposited to match the bank liability. According try relatin g 10 this r:~do'::e.~.nl~len Informauon on the bankin g indus. loGAAP. generally accepted accountin g principles. a bank liab ility means U It: ast len years. thal (he bank owes money and cesh. mone y, is recorded as a bank asset. A check is nOI money, but acts like mon ey. w ith the pres umption thai money We all know of the Arthur Anderso CPA fi audi t scan da ls. As I wass leaching CPE Enron and WorldColll is first deposited to make the chec k good . According to Black's Law DieCPAs o ver the past ten years I k dm c asses 10 more than 2.00) uonary, a check contains an unconditional promise to pay a sum certain audilOrs I tal k d • as e my CPA ...tudentx if any were bani in money. The presumption is that if you present a chec k to the ban k .. e 10 a number of thos bank di the bank ' se au nors and they ad mined teller, the bank teller will give you cash. lIlg sys tem was.. a fra ud bUI the co ld no one could explain " . • y u gel away with it because I In coun or they could use k hide the truth Th i . smc e and mirrors to Federal Reserve Bank of Texas publication Money. Ban kin g and Mon• IS report rs to ex ~ lhe k the trurh ,. smo e and mirrors and re veal etary Policy explain s on page 11. that ban k... create money when they lend it. The loan becomes a new depo sit into the custo mer 's check ing account jliSl like a payroU check does. . For the record. I use Federal Reserve Ban k bh . entries as published by 'he F de I R pu Ical lOns and bookkeeping . e ra eserve Bank I d Federa l Reserv e Bank o f Bos ton publication Banking Bas ics page one material stateme nt in this rep; n Thi '. 0 OC'ument even ban k loans and credit c....d I ' " h s report includes house, car and other claims that the money deposited belongs to the deposi tors. ... oan.s w ere the bank rec d d th . nore or rece ivable as a bank as " h . or e e promissory se t as S Own In the Fed I R , Feoerat Rese rve Bank of New York publication The Story of Bank s page em eserve Ban publi cations. len c laims thai the bank first dep os its the money and then uses that de Pt.Kited money to make the loans. Then it claims that a lot of money is . Ban k auditors have repealed ly to ld me th weaied whe n the banks. credit unions and saving and loans make new cass h a.. they record the bank I . a t they ~IUl m thai they credit oan agreement promls-"ory note as a bank loans.
en.
C;A
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Fede-ral Rese rve Bank of C hicago pu blica tion AB C's of Figurin g Intetest page two clai ms thai when you de posit money into a savings aCCOun~ you make a loan (0 the bank . Accordi ng to GA AP, the new bank Iiabilit proves a loan to the ban k. Black's Law D ictionary explains a deposit as placi ng money in the CUStody of a bank {(I be wi thdrawn at lite will of lite depositor. Fed eral Reserve Bank of New York publication I Bet You Thoug ht e:.,_ plains it ve ry well on pa ge twe nty-seven that ban ks create new moner. whenever they grant loan s by simply depositing the borrowe r' s promissory no te as a bank asset offset by a ne w bank liability. Page five e xplai n that money doe s not have 10 be issue d by the government or be in anY, s pecial form . Com bine what the Federal Rese rve Banks above have ad mined in writing and you have the fac t that the bank used the borrower's promissory note as money or like mo ney, here inafter cal led money. deposited or recorded il as a ban k asset to give val ue to a chec k whic h the bank returns 路10 the borrower as a loan. W he n the bank depos ited the money (o r promissory note). the mone y deposited was a loan to the bank. Thi s is coosislent wi th GAAP and the ma tching principle . Bank audi tors repeatedly told me that they must hide the loan to the bank . If the loan 10 the bank is hidden. then you have the ec onomics similar to stea ling , counterfeiting an d swindling . All we ask fo r is that the party who funded the loan. per the bank boo kkeepi ng en tries. be repaid the mon ey. Wh at honest person would argue otherwise?
Bank auditors cannot give a complete ans wer as to wha t money is. To be must have the co mpetence to com plete the assignment and if thty cannot ans we r wha t mone y is, they have no righ t to audi t the books or lCstify. Typical ly. bank auditors will clai m that the promissory note is not money and that the bank did not deposit money received from the bO拢TO~'er and thai the borrower did not make a deposit al the bank or credit union. They then claim that two loans were not ex chan ged . TypicaUy. at this time , they go through the motions that G AAP was fo llowed and e,,路erythi ng is in order j ust like Anhur Anderson did just before the audit fraud was expo sed. Then the typical ban k and credit union auditors use the fullowing example that audi tors have privately told Tom Sc ha uf is a trick to deceive the judge an d ge ne ral pop ulation. Tom Sch au f will first give the Dick. an d then ex pose the Dick. II CPA, on e
The trick goes like this. The hank does not depos it the pro missory note . The bank or credit union records the promi ssory note or credit C'Md purchase a' an asset on the books of the bank or cred it union and credits cas h to balance the books . The borrower got cash. This is exactly what one bank audi tor told Tom Schauf and admi tted tha t this is a fraud and a lie. At this time . the typical ban k and credit un ion auditor will try an d avoid explaining that the cash earlier credited is now deposited . The deposit is a debit to cash and a credit to a bank liabili ty like a checking acc ount or demand deposit account o r savings account . The new result is exactly what the Federal Rese rve Banks have already ad mitted. There is a new bank asset an d a new han k liability. The new asset came from the borrower and the ban k lia bility means the bank owes money related to the new asset.
If one argues that the one who funded the loan , per the bookkeeping entries. shou ld not be repaid the mo ney. the n they are argu ing that one of the parti es has a right to swindle the other part y. My qu estion is "Wh al law or agreement gives that party the rig ht to swi nd le the o ther party? " Show me ! A mericans wan t to know. If the bank cannot answer, they los! the argum ent by their silence . I wi ll now ex plai n w hat bank au ditors have told me are some of the lies an d smoke and mirrors an d then I will try an d expose the misi nformation.
In the previous men tioned bookkee ping entries where bank au ditors claim that the y credit cash. they can replace the word cash wi th the word chec k and you have the same econo mics and bookkee ping e ntry on the typ ical loan. The trick they use is that a chec k and cash are similar because you Can get cas h for a check. As mentioned earlier, a check i.s not cash. but a Promise to pay a certain sum of mon ey. Th ing is... few people use cas h. most use chec ks and the au di tor knows this. They can sell the promisso ry note for cash. Logic tell s us that the auditor is wro ng here. claiming that they gave you cash. Th e bank or credi t union au ditor m ust agree that the Promissory note is recorded as a bank asset, typ ical ly recorded under
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loan accoun~o;. If the offset or cre dit is to cash or check. the typ ical ~. rower. deposit'> the cash or ~heck resu lting in a de bit to cash or chec k ant an o ffset to a bank or credit union liability (typic ally called a checkin account, demand deposit accou nt or savi ngs acco unt) . Th e result is el~ actly wha rtbe Federal Rese rve Bank publications earlier stated; that is,. new bank asset and new bank liability and the econ omics are the sa me , " Sl~ ar to de posi ti~g new money. I challenge any bank or credit uni~ auditor to prove this para graph wron g. Th ey ei ther remain silent or lrr
We have a right to know and understand the entire agreement and the (I:onomics and the bookkeep ing entri es . Thomas Schauf is loo king to fllrce a bank auditor into a court deposition and force the bank:auditor 10 five al l of the details of the bookkee ping entries, explain w hat is and is ~ mOI\eY, money equivalent and credit and explain the economi cs of the lf3llsoction. The bank or credit union wrote the agreement, they executed the bookkee ping entries . and we have a right to know and understand II'hllt the agreement is and the eco nomics of the agreement. One ques tion rtmains . Is the party who provided the asse t that gave val ue to the alleged baI\k loan check. per the bookkee ping entries. to berepaid an equal amount of value, for the value that was earlier provided 10 fund the loan check ? If !he answer is no . do you agree that it is a swind le ? If the bank ca n get money or an asse t for free from the borrower or steal it by kno wingly hiding the full terms of the agreement and then return the mo ney to the victim as a loan . they could own near ly everythi ng in the nation similar to the eco nomics of counterfeiting?
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and gel off on another subjec t to confuse me issue.
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Now some auditors are stupid enough 10 keep the game going by fOOl. ishly claiming mat no mo ney wes deposited to cover the check thus ad.mining to a crimi nal ac t of check kiting and a fraudulen t audit. Some pretend that the prom issory note is first sold for cash. the cash is deposired 10 give value to the check . and then the promisso ry note is reco rded as a bank asset . Thi s is a stupid argument because the result is a new bani asset and a new bank liability just as I said earlier. In all of the above ca~ , the bank or credi t union got the promisso ry note for free, new money, credit or money equiva lent was created. Th e party who pro vided the asset 10 give value to the chec k that is cl aimed 10 be lent to the alleged borrower was the sa me alleged borrower and the party who funded the loan. per the bookk eeping entries , is not repaid the mone y. Th is creates tl1t econo mics similar to steal ing, counterfeiting and swindling . This changes the cost and the risk of the loan co mpare d to if the one who fund ed the loan is repaid the money. To m Sc hauf chal lenges any aud itor to prove that the econo mics are not similar to stealing, co unterfeiting and swindling and thai the GAAP principle of matching was not applied by matching the new asse t with a bank liability showing that the bank ow es mo ney to the alleged borrower as ind icated in the Federal Reserve Bank publications. Th e matching principle wor ks like this. If you deposit $ I00 of cash at the bank., the bank must show a bank liability ofSIOUshowing that the' bank must return the $ HK) to you. If the bank acce pts cash or a promissory note from you 10 give value to a chec k. should not the same economics apply to stop the eco nomics similar to stealing, counterfeiting and swindling? Should not the party who funded the loan , per the bookkeeping e ntries , be repai d the money? The bank or cre di t union audi tor can not discu ss this issue which is the heart o f the who le discuss ion .
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Demand the audi tor produce the book keeping entries to prove the promissory note is not used to give value to the check and that other depositors' money was used to fund the loan . lf this were the case. the bookkeeping entries would bea debit to a checking account or demand deposit account or savings account and a credit to cash. The promissory note would not be recor ded as a bank asset. Th e deposi tors cannot spend the money taken out of thei r bank account which was lent 10 the borrower. The borrower re pays the loan and the mone y is returned to the party wh o funded the loan. Economically speaki ng. everyone has eq ual protection. There are no economics sim ilar to steal ing, counterfeiting and swindling. There is on ly one key issue . According to the bookkeeping entrie s, should the va lue of the money or asset that was used tu fu nd or give value to the loan be retu rned to the original party who prov ided the mone y or asset? If the C PA auditor say s no, then we have the economics of a swindle. If the CPA auditor says yes, then there is no disagreement and we all agree. Who could poss ibly argue that the one who funded the loan should not be repaid the money unless they are try ing 10create the economics similar to a swindle '! They wo uld have to hide the true bookkeeping entries if this Were the case. If so, have the aud itor give the co mplete detai ls of the bookkee ping entries including who provided the asse t 10 fund the loan .
39
bank CPA cannot explain or does nor understand what w .Ifmgtheabout, 'w then he or she does not have the competence to tak audit a...signment and has broken the ethics of a CPA.
e
Have thebank or credit union CPAaueJiltlfgive all eltaffiplesof thin use as I ) money, 2) money equivalent, 3) things of value thai give vf,s check. l.. money recorded as a bank asset or liability? Is ca..h muney? the bank use a note as money'! Is the promissory note used to give val chec k or similar instrument? Is it the intent and bank policy that the who provided the asset to give value to the loan check, per the bol entries, have the money or value of the asset earlier described them? If a CPA cannot answer these simple questions, then ethics that they have no bu.sInessauditing the bank or credit union. The CPA auditor must have me competence to answer these simple questions i took on the assignment to audit the bank or credit union. If they claim they followed GAAP. have them give details and answerour qlle'>tiollS, the CPAclaim that the Federal Reserve Bank publications are wrong' amine what the CPAsays and see if they refuse to answer our ba..ic tions to determine bank policy, eccnomics ot'a loan. and what the fun keeping entries of GAAP really are. If the bank CPAdisagrees. have give the proof. If no proof, they have no credibility. One CPA auditor a CPAcla'\s with Tom Schauf told Tom that these arguments are crary Tom made him answer specific questions and then headmittedthar. the was a fraud. If no money was deposited to fund the bank loan check. can it be legal'! Who provided the money to fund the loan'! Have the bank or credit union auditors prove that the Federal R . Bank publications are incorrect in fhat money is not first deposited then lent out. Have them prove that the intent of the agreeme nt is that part y who provided the asse t to fund the loan, per the bookkeepia tries, is nOI 10 be repaid the money or value of the a...set thai funded loan. There is only one real issue to be reso lved. Ask the bank or credil CPA auditors to answer the following questions. Is it the basic in! the loan agreement that whichever party provided the asset to give 10the loan. accordi ng to the bookkeeping entries, is 10 be repaid bac~ equal amount of value plus interest when the loan is repaid'jThis i53 ~ simple and ba..ic conce pt any competent CPA should understand- If
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~1ffO~~r W::::r~:~~I~:~:o,::~:~17:e~~o~~:=n~V;~;
I{ ~ont loan shOUld be repaid the money. Now we must decide, per
~ ~eeping entries, if the borrower funded the loan.
wer provided cash or a check or an asset that the bank depos-
li the ~ to give value to the loan, the bank asse ts and liabilities will
r iltd째 e.J "~Ilenge the bank auditor to prove me wrong. li the bank lent -ncrca...e. ell" ~t.kposi tor 's money and did not accept an asset from ~e borrower to theloan or give value 10 the loan. the net overall banking assets and fun~litits from this nansaction would not increase. I challe nge any bank r (0 prove me wrong. This just told you who funded the loan. Ac~ing to GAAP and the Federal Reserve Bank publications. the net ~fft'Clllf the wtaJ uansactlon of the bookkeeping e ntries was that the net banking assess and liabilities increased. I challe nge any CPA bank audiI~ 10 prove me wrong. Tbe CPA can play with words. ignore the issues, beat around the bush and talk about nothing of Importance. bUI if they do and refuse to prove me wrong, you know everything that you need 10 blow and how 10 win,
:w
Typically. the bank auditors will go into great detai l on how they follo\J,'e<! GAAP and belong to all the bank societies, organizations and even the AICPA.This is all a bunch of meaningless chatter if they cannot agree ooooesimple concept of GAAP called the matching principle. The marching principle means that if a bank accepts an asset from Joe, the bank mu.,t offset lhe asset by a bank liability showing that the bank owes Joe the money.1be bank. cannot accept the asset from Joe, refuse 10 show it OWes Joe the asset that the bank received from Joe, and then claim that tbe bank owes Mike the equal value for the asset instead of Joe. The matching principle stops swindling. Have the bank or credit union CPA auditors prove Tom Schauf wrong concerning this. To e nd (he discussion ~the GMP matching princip le, the CPAauditors will try and claim that ~ Ctedilt.'d cash and nut a liability accoum. The net result, no mailer is you COok the book.. . , is a new bank liability once the promissory note ho:~ded. as an a...set or the credi t union posts charges 10 (he credit card 1Ilatcru: lo~ ~COUnt . The Federal Reserve Bank publications show the Per the g Pfinclple claiming thai two loans were exchanged as is correct GAAP matching princi ple. If IWOloans were not exchanged. then
41
there is a tax owed to the IRS for the stolen promissory note . Did the bank pay the IRS tax'! The matchin g principle does not allow anyone to sleal your asse t, exc hange it for so me thing of equal value , and return the value stolen 10 the victim as a loan. The bank auditors who claims tha i cas h Or check was credited in exc hange tor the promissory note, which is recorded as an asset, got the promissory note for free and exchanged !he va lue of the pro missory note for a check and returned the check 10 the victi m as a loan havi ng the economic s similar to depositin g the pro missory note like money w hich allow s the bank 10 get the promi sso ry note fo r free and create new mo ney. The econ omics are like the ban k is acti ng as a money chang er and calling it a loan . If the ban k took yo ur cash or srole the cash and used the cash 10 fun d a chec k and returned the chec k to you as a loan you can understand it is like stealing. Replace the word cash with promissory note and you have similar econo mics. C lai ming that cash or a chec k was credited is onl y smoke and mirrors acco unting and cooking the books, wh ich gives the economics sim ilar to stea ling, counte rfeiting and swindling. Have the bank CPA auditors prove me wron g.
If Joe signs a pro misso ry note and it is agreed that Joe loans the promissory note to the bank , the foll owing bookkeeping entrie s are recorded. . The promissory note is recorded as a ban k asset and the ban k records a ban k liability showi ng thai the ban k owes Joe mon ey for the loan to the bank. Thi s shows IWo loans were exchan ged as proven by the new asset and new liab ility, Under the smoke and mirro r met hod. the ban k reco rds the promissory note as an asse t resulting in a new bank liabili ty when everything is comple ted , hut this lime Joe 's name is not on the ban k liability. Tbe bank CPA claims thaI two loans were nor e xchanged. The bank got the prom issory note for free as the bank created new money and the party who funded the loan , per the book keeping entries. is not repaid the money. Have any bank CPA audi tor prove me wrong. A bank auditor hid ing this must claim they credited cash or check but when the cash or chec k is deposited yo u ha....e the new asse t and new liability, Thi s temporary bookkeeping entry only hides the true transaction and economics. A chec k is a liability and who gels a hand full or bag o f cash when they gel a car or house loan '!As the ban k CPA auditors lo ld Tom Schauf, it is a lie tha i cash was credited. it was only called cas h to gel e....eryone off trac k as to the true natu re of the true economics . Bank aud itors typ ically call cash things other than cas h to hide the true meanin g of the word . The bank
42
auditors ad mitted to Tom Schauf that it was a lie and that the true party who funded the loan , per the bookkeeping entri es, is never re paid the money, The auditor told Tom that there is a new asset and liabil ity and the liability means that the ban k owes mo ney for the asset it accepted as an asset. Thai is basic GAAP. The bank got the promissory note for free by creating new money and vio lating the G AAP principle of matchin g. Then, when you as k the bank or bank auditors for the truth, they typically misrepresent how it works or refuse to ex plain. Please notice how I gave the Federal Reserve Bank publications and page numbers and bookkeeping entries. What proof doe s any C PA have to prove me wron g? The Federal Reserve Bank pub lications c laim tha t new money was created in the loan process, the new money is deposited and there is a new asset and new liability and mo ney is owed for the new liability, so what CPA bank auditor would be a big enough fool 10 cl ai m that this is not true ? What CPA ban k aud itor is foo lish enough to claim thai if you deposit $100 into your chec king acco unt that you did not loan the bank the $100 and that the bank assets and liabilities did not increase by $1OO? The pro blem is that the C PA bank auditors do not want to adm it that the promissory note was used like or a" money or val ue or money equi valent to giv e value to the bank loan check. Th e auditors must try and hide this fact or the secret is revealed thai the borrowe r's asset. per the bookkee ping entr ies, gave ....al ue 10 the allege d loan and that the party who funded the al leged loan, per the bookkeeping entries, is never repaid the money giving the economics similar 10 stealing, counrerfeiu ng and swind ling, thu s hiding the true elements of the alleged agree ment. Any CPA bank audito r shou ld have the compe tence to know the truth or they should stop taki ng on an ass ignment tha t they do not have the com petence to finish . Yes, the ban k auditor typicall y will play with words to confuse the issue. They can not ex plain what is mon ey or money equivalent . They typic ally will say thai cash and chec ks are deposited but that pro missory notes are not deposited ignoring that the overall net effect of the bookkee ping entr ies in both cases have the sa me econo mic effect of havin g the cas h and prom isso ry note recorded as an asset and both giving value to a bank check. The bank is mere ly a money changer calling themsel ves a lender. hiding the fact that the promi sso ry note incr eased the ban k asse ts and liabilities creating new mon ey or money eq uivalent or credit. They will
43
nOI allow the original party wh . be repa id the same value who O n ~~ovl'ded ~ asset thar funded the loan .. .. me can IS ren"id A .L 10 Id Tom Schauf it is a trick that I ' ..~ . S me CPA a uditors that confusion an'd ignorance O~hlS very profitable :md they were hoping to cominue this very profitable tri:;e~eral popu~all~n wou ld allow lhelll 0,:", lhe trick IS exposed and Tom Schauf is challenging any CPA
they refuse 10 discuss the bookkeeping e ntries proving who funded the loan . Al times, they clai m that it does not ma tter who funded the loan . In any case. they are hiding the funda mentals of the agreement, bookkeeping and economics to get the promi ssory note for free and refusing to have the party who funded the loan to be repaid , thus creating the economic s similar to swindling. I am not ca lling bankers , C PAs and auditors the general population willlearn the ~~t~:~ 'prove him wrong. SOOn CPA firm. Enron and wo Ide . 10kthe Arthur Anderson criminals, swindlers, counterfeiters and thie ves . I am exposing the truth r om a udit scanda f '" pared to the lying and mi .. S were IOsIgmfic3m com, of just how smart they are in gett ing the promissory note for free and I..~ . , Isrepresent.UJ.Ons we h' . ",,,I,lkkeepmg emries 1£' 1. - . ave seen wi th the bank creating new mon ey and hiding the true agreement as if is done . Tom h . mere IS a Joan agree the bank used their bookke-o! . menr I at lhe bank wrote and Schauf simply believes that the one who funded the loan shoul d berepaid eeplflg emnes have th b . . tellmg the truth and norhl b • e ank grve the de tails the mo ney. Who could argue thai this should not be so1 Who thinks that . rmng UI the truth d s . SImply wan! the one who fu <Jed . 1._ an stop the deception . Wr we should use the econom ics si milar to a swind le ? w hat ho nest person . n UlC loan check .... wou ld say we are wrong? Whic h party ha... given the proo f of the evi enmes. to be repaid the money Wh b . ' per me boo kkeeping are wrong ? Tom Schauf gave ~ 0 fn'ha sWindler could argue that we dence ? Why hide the real agreement and bookkeeping entries if it is honuse proo , ave the CPA bank d · est'! Why should one class of citi ..ens creare new money and loan it out to o empty words but g ive solid f h au rtors nor proo I at Tom Scha f i . area.. 0 f thIs repon The ' '1 u IS wrong In all enslave the second c1ass of ci tizens? . Ir st ence proves Tom Scha uf 10 be Correct.
bank
':
0
We need 10 keep a re ~ f . COIU 0 everyo ne involve.d · tho . Ie m ~ s misrepresentation " forCing slavery upon tbe American 10 co rrect the problem" peop . 1be VOle IS the only sure way . .... vllte out all who enfor dth · ce IS slavery Upon us. The Vote IS the only real sol ti Af . . u on. ter we VOle and . JUSl:Jce the legal way It " correcm, we wiU ge t • S up to yo u to gel th w e Can COrrect the problem . OUI e IIUth 10 every vo ter so In summarv a bank di . - J' au for usmg decep tion w'U relevanl 10 discu ss who funded the I . . I say thing s like, it is nor bookkeeping entries. it is nOI relevan~·~ .llIS not relevant 10 discuss the substance (bookkee ping entn ) . . 0 ISCUSS form (agree menO verses who funded the loan should bees , I~~~f relevant 10 discuss if the one 0
•
relevant 10 discu ss what mone rei~and mo~ey. ~y will argue it is not typicaJJ~ say things like. it ap~ thai ~~al ls or ~s n~lt de~ited. The y menr d at ming... as a way 10 gel offlrack an other ~I~e IS m~mg an argureport. They lypically argue that lhe bo d.not dl~"U~s the ISSues in this di ""?wer receiv ed a benefit 10 buy goo ds and deny that the bank alleged borro wer which w or ere II un mn received a benefi t from the as an asset from th bl: val ue to the a11t-ged loan 'h '" S . e «rower 10 fund or give c ecc. omeumss Ih di . the mo ney is pooled and no one k . e au Hors claim fhal all of now s where the money came fmm as
CONCLUS ION: To prove Thomas Schauf wro ng the bank CPA mUSI prove that the federal Reserve Bank publications used in this report are wrong. The bank CPA typica lly plays with words saying that the bank did not deposi t the promissory note in the borrow er ' s tran saction account as claimed in the Federal Reserve Bank publication s. What theydid was use a short CUI in bookkeepi ng entri es by claim ing that the y credited cash or check as the prom issory note was debited . The result has.. the same economics as deposi ting me promi ssory note and crediting a bank liability. In either case there isa new asset and new bank liabi lity when the cash or check is deposited proving thai the promissory note gave value 10 the bank loan check. The alleged borrower provided the money or asset tha t funded the alleged loan and the party who funde d the loan is not to be repaid the money giving the economics similar to stealing, counrerfeiring and sw indling. If is important to know if the borrower or if the lende r was 10 fund the loan . If you want me to lend you $5,1100, it is important 10 know if I steal your s S,om and rerum the stole n SS,(X)() 10 you as a loan or if I lend you my $S,(X)() and there is no stealing or swi ndling in the transactionThe bookkeeping entries prove who funded the loan . Interest is defined as a charge for the use of borrow ed money. It is nOI for sto len money returned 10 the victim as a loan . Stealing or violating the marching princip le of G AAP significan tlychanges the co st and risk. The bank CPA
45
migh t say it is insign itican t and irrelevant who funded the loan until you steal the CPA's asse t or mon ey and retu m the sto le n item to the victim as a loan and then it becomes significa nt and relevant.
I an and is the mon ey retum ed 10 the party w ho breach d? That is the key to everyrower or lender funds the 0 funde d the loan '! Wa.<I, the agree ment reac e . thing.
. rt an yone misusing this report to Impo rtan t: No one is to cop~ t s re~ :. f ThomasScha uf, that man . wotten penmsslOn 0 . &' court without the express . 100 000 Federal Reserve Notes m lees or woman owes Thomas Sc ha uf $ le hec k wi th Tho ma,<; Sc hauf to . Iari Bankers p ease c . or VIO an on . . Iai iff or de fen dant in co urt using per each use. ' . mven Any p atnll f , see if authonzau on was .,. ., from Thomas Schau or . t wri tte n pe rmISSion this repo n MUST firs t ge K) Federal Reserve Note s. casn as a fee for ~<;e pay a minimum ofS 1OO,~ . al ch es for copyright and uademar k V1on of this report and face co nu . . arg -ard you for informing Tom of lation.s . Thoma.<; Schauf is WIlling to rew violators upon Tom co llecting the fee .
hi
An yone with a high sc hoo l educ ation ca n see the flaw in the ban k CPA's arg ument that cash was lent and the borrower did not fund the loan. E~足 am ple: The bank mak es 5loansof S lOOJXXleach. Each time the SllXI.ooo pro missory note is recorded as an a...set and cash is credited . The one recei ving the cash does no t hide the cash in their bed sheets, they deposit it back in the bank and the bank asse ts and lia bili ties increase by S100.000 fro m the alleged transaction. According to the bank CPA a bank could lend out the same S loo.OOO cash five times as bank assets and liabilities Increase S times . The math proves that you cannot have the same $100,000 cash in S place s at the exact same time. Federal Reserve Notes (cash) are recorded as a bank asset and a bank liability shows that the bank o wes Fed eral Reserve Noles. Money cl early is recorded as a bank asset, If the bank liabilities increase by SS(XI.oro as assets increase by S5OO.000. it mean s that the bank owes S5oo.CXXJ more money and the bank got the $500,000 in a...s ets from the al leged borrowers. If yo u loan the bank a SSOO.ooo a...set, the bank assets increase by $500.000 an d the ban k li. abilities increase by 5txJ.lX)(). I ch allenge the bank C PA to pro ve me wrong regarding the bookkeeping entries.
Sincerely. Tom Schauf
Whe re did the money come fro m to fund the $500.000 of new loans? The $100.000 ca..h is still in the bank and the bank assets and liabili ties increased by S5<X1.000 showing that the bank owed $500.000 more money. Wh at ex act ly is mon ey? Did the borrower or lender fund the loan s accordi ng to the bank bookkeeping en tries? Is the party who fu nded the loan to be repaid the money or is it a swi nd le? Wh ich ban k custo mer de posited the SSCX),(XXl to fund the loan s? The CPA bank auditor must have the co mpe tence 10answer this if he or she d id the aud it. Th e co nclusion is that the bank wrote th e agreeme nt an d the bank executed the bookkeeping entries and the bank CPA cannot give details and proo f and answers to our questions regarding the economics of the true det ails. They typ icall y j ust say pay the loan an d do not ask any q ues tions. How can there he an agreement if (hey refuse to give us details of how the ag reement wor ks an d what the economics are'! Did the agree ment say interest, the charge for the use of borrowed money, d id it ind icate that the bo r-
47 46
Cha pter 3 Additional Laws & St r ategies a
You m.ay wan! to look at the following laws : Fair Credi t Billi ng Act and the Fair Debt Collect ion Practice s Act. Look up the words " validation" and " verificatio n" in the law diction ary - lei them. by affidavit, tell YOu that yo u owe t~e money and what the terms and con ditions are. Siudy ~e. ru les of eVlden~e (they mu st show you each ite m charged that they claim yuu owe. not ju st a tota l deb t, and no stand ard agreement is easy to prove). See VCC R-3 15, Federal Ru les of Evidence . Rule 1003 about not al low ing a. ~ py as e vidence â&#x20AC;˘ argue the authe nticity of the copy. demand the origi nal, look up under state law for lost or missing note s. ~~dy the Federal Rule s of C ivil Procedure. Rules 27 and 28 to get Deposm ons. St udy Decl aratory RelieffJud gment 10 invalid ate the contrac t. Read UCC 3-308 about the proof of signature and stat us as the holde r in due course - abo ut den yin g signature in pleadi ngs before m al or e lse the judge a"S~mes it is your sig nature. givi ng authent ici ty 10 the promisso ry note - which means you agreed the bank lent yo u the money as ag reed. Study "he~y evidence" . The debt collector w ho is an attorn ey U'iCS hearsay evidence - what the credit card company (a third party) sai d . 10 -. collect. O ne person kept objecting in court as the debt collector talked saying. "objection, this is hearsay evide nce. " The j udge allowed the deb; co llec tor to testify, 10e j udge asked if this wa.. hearsay and the de bt collector said yes. The j udge thre w oUI al l of the evidence because it was hear say. The debt collec tor has no ev idence unde r the ru les of evidence ~o collec t, so the al leged borrower won by objecting to hearsay. T he ~u dge may say. "take j udici al not ice ." This means the ban ker can brin g m a co py of the note un less you object. Look for court cases tha i say that the party who wrote the agreement has the greater burde n of proof exp laini ng the ag ree ment.
Have fun . Get a gnlUp of people toge ther for a se minar. Put together a moc k trial with a mock j ury and see ho w it so unds. What would the j ury (voters) decid e . Wo uld they rule in yo ur favor or the ban ker's favor? One bank answered o ur "A dmissions" document. admitti ng that they fo llow GAAP and thai they follo w Federal Rese rve Banks po licies and procedures. Anothe r adm issio n statement was "The intent of the alleged agree ment was for the consu mer to prov ide the money that the bank wo uld use to fund the credi t line or loan." The bank de nied this . What have the cred it car d co mpanies been doing to stop lawsuits? Th ey change the rules. They can change the policies and procedures by simply mailing you the changes. So the y changed the rules requ iring you 10 go to arb itrat ion or sue them in a slate court 1,()(X) miles from your home. O ne party told Tom that he signed an agreement forcing Tom into arbi trat ion. Tom told the arbitrator that the alleged document agreeing to ar bitration was a forgery so there is no agreement al lowing the arbitra tor 10 arbi trate . The arbitrator was told thai if he d id arbitrate that Tom would sue the arbitra tor for da mages . Th e arbitrator refused to arb itrate. The arbitrator knows that the bank is payin g him and kee ps getting money fro m the bank . So w ho do you think that the arbitrator will rule in favor on The banker knows that the bank wo n before it got started . It is like hirin g the fox 10 guard the chickens. The chickens are dead in that deal. To win. to rea lly win req uires that we gel the vo ters to agree with us. If not, the courts will not be the answer. They will ju st change the rules against us. This is nor intended a... legal advice. This is on ly to show you the historical informatio n per telephone cal ls 10 Tom from people claiming sue-
~f you are nOI willing 10 do your j ob, and homework , do not expect the J U d~e 10 help you. You have 10 help the judge hel p yo u. Do not expect the JUd~e to rul e agai nst the banking sys tem. He wants to keep his j ob. On ly dISCUSS breach of agreement and how they changed the cos t and the risk and concea led material facts Discuss GA AP.
cess . We cann ot guarantee success.
These are the things that you might want to go over and disc uss with your legal counse l.
and bankers the legal way through the vote.
48
The intent of this man ual is to show you the law and allow you to be the judge and jury. If yo u agree with Tom. hel p us win our nat ion back 10 the truth. Not by goi ng to CDUn. but by he lping us get the voters to jo in us so thai we become the lawmakers so that we contro l the j udges , sheri ffs
49
If you go
10 Coull ,
and ge t OUI of yo ur loan but we do not use the VOte
win me nation, the bankers ' politicians will dem and a National 10 :Q enslave you . So. what good is it win ning in cou rt if we lose the nau 0 On to the bankers'! Youcould get many others 10jo in us who could help us get
IO.OOOs. YES, YOU CAN MAKE A BIG DIFFERENCE. If we do nor do anyt hing, they wi ll go 10 a cas h less society giving them total control over you . Thi s is the time 10 win bac k a nation to the truth and stop slavery.
w.e expect the bank 10 change strategy in 2003. The new bankruptcy law will ~an that you cannot cance l your credit card debt. They will simply ~am~sh your wages and foreclo se on your house after they force you mro Involuntary ~kruptcy. Ask your legal counsel about demanding proof of the de bt In bankru ptcy. Th at might be your best defense . For rese arch please look up these court cases: "Beca use the note in question was nOl payable ' to order or to bearer' the p lai nriffpayee did nut ho ld in due course . Pas cal v. Tard era, 1986. 123
A.D.2d 752. 507 N.Y.S.2d 225" "W here an instru ment is neither payable 10 ord er or bearer no one can qualify as a holder in due course. Key Bank: of Southea~lem N. Y_ v. Strober Bros.• Inc.• 1988, 136 A.D.2d 604 136 A 0 2d 604 523 N YS 2d K5S''<> •. . • '" •.
Cha pter 4 - What Bankers Fea r
Tom taught ove r 2,000 CPAs nationally on ap prais ing businesse s and tes tifying in court as an expe rt witn ess. Tom owned and operated his own C PA firm an d business brok erage business for about ten years. After one of the se minars in Penn syl van ia at a Ho liday Inn. Tom ta lked to a co ntro lle r (to p acc ou ntant) for a major bank . In a pri vate co nversation, Tom th ough t he would see if he could get a reaction out o f this accountan t. Tom said to the con tro lle r. " You kno w that all your ban k loans are a frau d." Withou t hesitation the contro ller agreed . Tom sai d••, Aren 't yo u afrai d that you will go to jail." The contro ller responded , no. He then ex plai ned how ban ks create money and he w ho o wns the mon ey co ntrols me j udges. lawmakers and the media. He explai ned how advertisi ng money. loa ns and direct bank owne rs hip and how bank er 's political contributions contro l the politicians and the laws an d how mo ney controls the media. If a politician vo tes agai nst the bank . the bank: hea vily funds the ir opponent ne xt electio n so that the bank pol itician wins. All the politicians know th ai they nee d the ban k's media and mone y to get e lected. He even boasted how the ban k con tro ls the FBI (Ge t me idea of why they took away rights if they call so meone a te rror ists ). He then said... If so meone put togeth er a broc hure and passed it out in mass. I would immedi ate ly, permanently leave this country . If the American people ever figure out what we have done to them, they wo uld put all of us banke rs. judges. sheriffs, and lawmakers in jai l." He then lau ghed and said. "The Ame rican people are too stu pid to fig ure out what we have done to them , they will neve r be ab le to ex plai n this in court." He let Tom know how fo reclos ures are very profitable and when the bank helps the j udges, politicians, and sheriffs gel the pro fitable fore closures. Th e govern men t age nts in the bankers' poc ket have very profitab le investments. The bank er s an d po litici ans call it good business . They represent the ir personal investmen ts, not the peo ple that el ected them. C urre ncy tradi ng is also very profi tab le . Some gove mmem agents helping the bankers ge t 100 percent profi t a mon th on thei r inv estments. He ex plained how the governmen t agents so ld the ir soul s 10 the bankers aU for !he love of money. Th is is wh y it is critical
50
10
gel as many websltes set up an d get out the
51
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emails. Help us sell me books. and ge t me voter angry enough to talk I hislher.friends . The book sales he lps us raise the mo ney needed 10 win me nauon back 10 the truth. As Tom conducted CPAcontinuing edu cation seminars to CPAs and law. yers. a number of bank auditors told Tom that it was a fraud . Th e auditors tried to gel Tom 10 swear to secrecy about me ban k money creation and how it controls me government leaders and judges. Obviously. the ban k concealed this pan of the agreement. From past telephone ca lls. peop le have let Tom know that in COUrt. bank. e rs hate it when you ask for adequate ass urance of due performance by wa nting assu rance thai the bank purchased the note from you and did nor deposit the note. If they did , they were violati ng the GAAP matching princip le requiring the new liability to show that the ban k owes the depos itor (you) money for depositing the note . I forgot to mention. per the banking law. if the bank deposits the note, they must give you a deposit receipt (See 12 USCA Sec 18 13 ). Did they give you one? History shows that in co urt. bankers hale it if yo u claim mere is no bona fide sign ature on the note, thai the no te is forged, the note was stolen and the value of the stolen property was returned as a loan breachin g the agreem ent. Bank. ers knew that the stolen property funded the alleged loan. Anyone in the banki ng ind ustry buying the note knew what the agreement said and what the bookkeeping entries were . They knew and now they wan t to pretend that they do not kno w wha t you are talking about. The bank viola ted the bankin g law GA AP (GAA P is on ly req uire d if there is a C PA audit opinion and if the bank is FDIC insured . See United Stale s Code An notated Tide 12 Sec . IH31n (2 ) (A Âť . GAAP is proven by Federal Reserve Bank pub lications. show ing the book kee ping entries and confirming eve rything Tom has said . The bank is in tro uble if they adm it to following GAAP or not following GAAP. If they do not know what the bookkeeping entries are. they cannot prove that they performed under the agreement and funded the loan to you. Th ey have no court evi dence to prove they perfo rmed. The bank d oes not want to talk about the bookkeep ing en triesand if the borro wer funded the loan . So that is wha t we want ttl talk about. The attorney/ debt collect or is to know the law G AAP - and what the agreement is. State law says banks are to purchase (he promissory note . Th ey deposited the note and did not give you a
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recei pt. Per Federal Reserve Bank pu blication " Modem Mo ney MeehanIcs", page 6. the bank opened up a checking account under your nam e and de posited the note. Then the bank withdrew the money from you r account witho ut your knowledge . permission or authorization and returned it to you as a loan. If they took your ca..h from your savings acco unt and d id this. you wou ld call it a fraud. Th e economics are esse ntially the same using a note instead of cas h. T hey made an exchange of money for money and charged you as if the re was a loan . They performed the services of a moneychanger and cla imed that they were a lender. charging you 100 percent for the transaction plu.s interest. That is why near ly every American is in debt up to thei r heads and sinking quickly. Th ey can no t tell you if mo ney is cash or a bank liab ility owing mo ney. Look at the law for defini tions of a deposit . A deposit is an unpaid balance of money that the bank ow e.s . A negotiable instrument must be paid in a certain sum of money, so how can the Note be mo ney and owing mo ney at the same time? It canner be the opposite of two definitions at the same time. The bank cannot e xplain what money is and the bookkeeping entries but they charged you interest for the use of borrowed money. They wrote the agreem ent ; have them explain it. Th e bank ers' own secret manu al that is tru ly for the banke rs, shows that the bankers hate it when peo ple claim " fraud in the factum" (fraud in the execution). Reme mber the law in USC TItle 5 Administrative Procedures Act? The nation is bankrupt so we are under administrative law and that is the law o f " notices". Reme mber how the IRS and the banks always give you a notice? You need to do the same. Notice them asking what the terms of the agree me nt are - the agree ment that the y wro te. When they refuse 10 tell you, the theory is that you can clai m "fraud in the factum". Obviously the banks fear Tom's court admissions. Ad mit or deny - foreing them to give you " FULL DISCLOSURE" ! Tom has a real concern. People wan t immediate gratifi cat ion to become debt free . People want to sue. and wait 6 to 12 month s hoping to win. Then people say, if I win, I will te ll my friends abo ut the ban k.. If they wa it. we will never win the vole . Th e vote is more importan t than co urt. Please stay out of court and concentrate on getting hundreds o f peo ple to
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j oi n us before taki ng the lime 10 con sider court. Court is risky, time COn_ suming an d costs money 10 hire a CPA expert witness. You could spend thousands of dollars, waste 6(0 12 months and lose if you do not do !.he Courtroom procedures correc tly or if the j udge is bri bed . If we all ca n. ce ntrate on the vote . we are sure to all get out of deb t. The vote is the only way to have asssuranceto reclaim a nation. If hundreds sue the bank they might just change the law to keep you in debt. "The vote is the SOlu~ tion , not co urt . When we get hundreds of e PAs and law yers j oinin g Us it w ill be easier for a judge to agree with us. The lawyers and e PAs will nOi join until we gel the voters on our side. It is all abou t money, pro fil and co ntro l of the peo p le. Th is manual is no t su ggesting that you sue the bank. Thi s manual only gives historical inform ation on what has happen ed w he n people go to court. Th is manual gi ves the in formation on what the bank ers have trou ble answeri ng in coun, Th is manual is to show what Tom learned in the banker's secret manual to be only given out 10 bankers. Th is manual is only giving you Tom 's theory. Thi s manual is not intended as legal advice.
Chapter 5 - Notices People have been sending out noti ces to the bank 10create a controversy. They want to find out w hethe r the bank or the borrower funded the loan . Was it the inten t of the agreement that the party who funded the loan is to be repaid the loan? Did the bank fo llow GAA P? Was, the note used as o r like mo ney to fund a check? Are the economics of the loan similar to stealing (the bank ge lling the note for free by depositing h), co unterfeiting (creating new mune y based on the value of the not e) and swindling { not following the law - GAAP)? People wai l for the bank to respond or not res pond. They then decide what to do w ith the bank o n a legal bas is. W hether the ban k answers or does not answer help s peo ple sue the bank. Peo ple are looking to pro ve fraud in the factum . The ban k never bought the note fro m you an d breached the agreement, and breached GAAP. Th e notices are designed to learn what happened an d if the bank is hiding the truth. If you go to the library and look for the book publis hed by Th omas Polk Publi cations called "The American Financial D irectory" , it tel ls yo u the CEO, president, address and the servicing agent of the lender. Thi s man ual has the typica l types of notices peo ple have sen t. The re is nothing wrong wi th learning the truth about the real loan agreement. Why wou ld the bank want 10 hide the truth about the agreement that they wro te - unless the y are afraid of full disclosure proving fraud.
See how the notice says that aU pas t payments are co nside red ex torti on pay ments. If yo u do not say this, the bank attorney will sa y in court th at past paym en ts give evidence of a debt th at you agreed to . The bank te lls yo u that if you do not make the monlhly pay ments, they w ill go to coon to collect or fore close. You had no choice . You are trying to solve the pro blem an d the bank just says payor else. The county judge is involved. Why, since banking is federal ? The answe r is that yo u do nor ow n the propert y. You have a certificate of title for your home and car. Th e government ow ns your car and home. That is how they get you to pay them a tax on your home and car. A foreclosure has to do w ith real estate lax and the local judge is rbere to be sure thai
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you will pay the tax. Th e rea l es tate tax is one year behi nd in billing givi ng the local government ownership of your property. O ne person paid the tax in advance. It stopped the local judge from continuing the
like the lawsuits alleging stolen. forged doc umen t and breach of agreement . Study vee 3-3 02 . People have been cl aiming forgery if the bank cannot come up with the origi nal.
foreclosure. When the bank responds to your notices. share the answers with the voters. Let the voters learn how the bank procras tinates and misdirects and doe s not tell yo u how the real loan agreement works. If you are talking to a debt co llector or an attorney. loo k up the court case CLOMAN V. JACK SO N 988 Federal Reporter. 2nd Series. It explain s tha t he is to tell you that he is a debt collector. We told one debt co llect or to give. unde r oath. veri fi catio n and validation of the term s and conditions of the loan. and explain and answer our questions . Th is bank attorney was told that he could be sued if he violated Fair Debt Collection Practices Act. When he wou ld be sued. the first time the attorney co mmits perjury he would be disbarred. The attorney immediately dismissed the court case . He knew if he we re sued . his professional insurance would offe r $20.{X)() to se tt le out of court. We collect $20.000 for a $5.00: ) credit card bill. Looks like good business to us. The anomey figured co llecting $5 ,()(X) wars not worth losing his career. Would not this make a best selling book gelling the attorney disbarred? Noti ce them . lei the m know mal you know the answer to the riddle .
Please reme mber that the re is a d ifference between a debt collector and a lender collecting their own debt. Adebt co llector normally tell s you that they are a debt collector in their lette r to you. If a mort gage is involved. change the notices when writing to a servicin g agent of the mort gage . See: Wesl publishing 12 USCA 24 CFR 3500.2 1 Pan 1M918 2( Qu al ified written req uest. You can write to the servicing age nts o f the mortgage gi ving your name. alleged loan number and a statement of reasons you believe there is an error. Discu ss GAAP路 matching principle . You were the lender, the y were the borrower. The y repaid the loan and fa lsely called it a loan to you .
On the notices you will see the word "assigns" . People want to find out who the real ho lder (pe rson holdin g the note ) is.They like to hide. Would you nOI hide if you we re one of them? With assigns . people de mand to see the o riginal note with all of the alterations and stamps on it. WH Y? If you pay the wrong party. you have to pay the proper party again . You co uld be paying twice if you are not pay ing the correc t party (see vee 3-302 ). We know they se ll these notes all the time . People want to see the original note to see the stamps to see who it is endorsed to who holds it so that the alleged borrower is not paying the wron g pany and has to pay twice . The ban k must show the chain of ow nership. Peo ple want to see the stamps on the note . " pay to the order of...." History shows that when people as k to see the original. the bank can not find it. Th is so unds
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Chapter 6 - Two Kind s of Money An kle I Sec. 10 of the Co nstitution of the United Slates and 12 U.S.c. 152 refers to go ld and silver coi n as lawful mo ney of the United Sla tes. Th e law ai 12 U.S .C. 152 wars repealed in 1994. Now legal tender is referred to in 31 V.S.C.A. 5103 staring, "U nited Slates coins and CUfrency ... are legal tender for a ll de bts. publ ic charg es. taxes and dues." The government iss ues lega l tender and lawfu l mo ney. Banks use two differem kinds of money . They use legal tender and non -legal tender. Money issued by the gov ernment and mo ney not issued by the governme nt but created by the bank. Bank credi t and depo sits are money the bank owes. Owing mo ney is the opposite of money. Federal Reserve Bank publicatio ns admit that when banks grant loans tha t new checkboo k money is created: new mone y is deposited. T he Fede ra l Re serve Ba nk of New Yo rk publica tion " I Bel You Thought..... explains that mone y does not have to be issued by the gov ernment or be in any special form. The borrower's promissory note is money that the bank acce pts as mone y and is mo ney that the bank de. ~i ts ' .creating a new bank asset and liability. Counterfeit mo ney buys things Just as checks buy things . Pro missory note s can be sol d for ca sh. Promi ssory notes. just like cash. can be exchanged for a check. Both can fund a check and bo th the cash and the promissory note have eq ual value . The cas h is legal tender and the promissory note is new ly crea ted bank money when the bank deposits the pro misso ry note cre ating a new bank asse t and liabil ity. The bank got your money (prom issory note) for free . created new money as the y deposited your money. and violated GAAP whe n they refused to cre dit your check ing account and acknow ledge the new deposit and liability that they are req uired to show that they owe you per GAAP. When this happened . the bank shifted yo ur weal th to the bank . The bank got your we alth for free. Wealth is anything that you can sell. You can se ll your hom e. car, gold, silver and your 40 hou rs a week for a payro ll check . Labor produces road s, food and gas for your car. When the banker violates G AAP and gets your money for free and returns it to you as a loan, the bank cre ated new mo ney with the economics similar to stealing, counter feiting and swi ndli ng. Th e hanker gets your labor for free as yo u earn the mo ney to re pay the loan or he forecloses and gets yo ur home. car or farm for free .
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Pretend a counterfeiter created $ I(M),OOO of co unterfeit money and lent it to you to buy you r home . You have to rep ay the Sl{)(),OOO p lus another $300.000 of interest over the next 30 years. Pretend that the counterfeiter did this to e very Ameri can and the only mone y in the co untry is the mo ney tha t th is co unte rfei ter prin ted. Th e co unterfe ite r created S lOo.m o of money but you have to repay him $4()().OOO to repay the loan . If S100 .000 is the o nly money printed . it is impossible for S IlXI,OOO to repay the requi red $400.000 to end the loan . The counterfeiter controis the money supply. Th e cou nterfe iter can get nearly all the money bac k as loan paymentss, keep the money in a shoe box and there is no mo ney available to repay the loan forcing everyone into forec losure. Th e co unterfeiter gets your labor for free or he forec loses and gets your property for free . He controls the money supply and at his wish he can force the economy into a recession or depre ssion. forcing peo ple into foreclosure. He always wins and you always lose . If the governme nt printed the money. spe nt it. everyone had to work to earn it and depcsited the money at banks. banks lent it out returning the money to the depositor who funded the loan . everyone would have equal protect io n with no economics similar to steali ng. counterfeiting and swind ling . G AAP that the law requires the banke rs to follo w ends the economics similar 10 stealing. co unterfeiting and swind ling. If a counterfeite r counte rfeits mo ney and loans it ou t to you . can the co unrertelrer force you to repay the loan? NO . It is illegal and he cannot enforce an illeg al act. If someone stole your money and retu rned your money to yo u as a loan . do yo u have to repay the loan ? NO. Th e thief can not e nforce an illegal act. A Corporation cannot vio late the law, co ntractss or G AAP. If they do . the contract is ultra vires - void . Th e counterfeiter will say. " But you got the money," Yo u res pond and say. " You violated the agreement and did somethi ng illegal : ' If someone sto le your car and so ld it for cash and returned the cash to you as a loan . do you have any ethica l or moral or legal liability to repay the loan '! NO . Non e. What is the difference if they stole your promi ssory note instead ofa carjl n both cases the y got your weal th for free . It is j ust easier to get your wealth for free by getting your promissory note for free instead of yo ur car for free. A suit and tie foo ls peopl e . If they used a gun to get your wea lth for free . yo u would know to call the police .
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Th e banker is too inte lligent to go to jail by counterfeiting cas h. It is eas ier to j ust deposit the prom issory note and vio late GA AP and gel the benefi t of gettin g you r promi ssory note for free and creating new mo ney, getting a sim ilar benefit like cour uerfei ting withou t goi ng to jail. Tom believes tha t all borrowers should re pay all lenders. You were firs t the lender to the bank. per GAAP and per federal Rese rve Bank publication s, when the bank changed the agree ment and deposited your promissory note . The loan to the ban k funded the loan back to yo u. Two loans were exchanged. If both borrowers repay both lenders. all loan s are can ce led giving both parties equal pro tectio n. Do you see w hy the banker cannot explain the detai ls of the tran sac tion or agreement? The ban ker cannot explain GAA P or wha t mone y is. The bank er must use bank tokens (a substitute - a bank liability owing mone y ) for money called chec kbo ok mone y 10 ge l you r wealth fo r free . The bank acte d as a mone ychanger e xchanging your mo ney (promissory note ) for bank tokens (checkbook money) which is transferred by chec ks which foo ls mOSI people. You r promissory note gave value to the bank token s tha i the bank er returned to you as a loan . A token is an IO U ju st as a bank. li~bil ity (checkboo k money) is an IO U. If you go to a casino and they exchange your $100 of cash for an equal amount in valu e of tokens, did the casino loan you anything '! NO. So if the bank did exactly what the casi no JUSt did , then the bank len! you noth ing . An exchange is nor a loan . To m believes thai they breached the agreement. Th ey changed the cos t and risk of the alleged loan .
Cha pter 7 - Cre d it Cards All we want is to understan d the agreement, boo kkee ping entries, know if they followed GA AP (Ge nera lly Accepted Accounting Princi ples standard book keeping entries) and if the econo mics of the alleged loan is similar to stealing. counterfe iting and swind ling if we are to repay the loan. If the y have nothing to hide. lei the m give the detai ls. They wro te the agreement. they used the ir bookkeeping entries, the y claim we owe them money. the y claim there is an agreement. so have the m explain and give the detail s. You si gned an application wi th the cred it card company. They cl aim that this is the agree ment. Typically, they co py it and destroy the original . If they se ll it 10 a debt collector, the BULK sa le stops them from bein g a " holder in due course". which helps you . Study this at the law library . Th ey can change the agreement at any time sim ply by tell ing you w hat the changes are . Hcndreds o f people have got ten out o f credit card loans in the past. The credit card companies got tired o f the lawsuits with juries so they changed the rule s . Now they wan t an arbitrator. paid by the cred it car d company, to pass judgment against you or you have to go to a state court I.ÂŁXX) miles from your ho me . If lhere i.s no valid agreem ent. then no agreement can dem and ar bitration or j urisdiction in anothe r state . The key to stopping the ban k ar bitrator is this websi te :
www.arbiuauon-Iorum.com (Then de lete tne dash and look at this website. It exposes the arbitrators.) Decep tion is the name of the game. They will not reveal all the terms and conditions, only the part that you mo....l repay. The y conceal the deposi t of the ag reement. new money creation. GAA P and if you fund the loan to yourse lf. People begin writing notices to inqui re about the agreement. So me people invoice the credi t card com pany fo r payme nt of the de posit and for co ncealing the agree ment, demand ing det ails . So me peop le believe it is easier to go to court to co llect on an invoice rather than direc tly go against the agreement. Notices are very importa nt, especi ally the de fault notice . When they do not respond 10 the notice . so me peop le se nd a default notice saying. because they did not d isagree wit h the past not ice sent, they ag reed with the statements in the past not ice . Typically. peo ple gi ve the m 10 to 30 days to respond . Courts are ad ministrative
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courts and notices can be evidence . On e banker took a perso n 10 co urt and the banker's vic tim to ld the j udge, " I have no t exhausted my administrative remedies" . Th e j udge made a co mment that he was the only person in his court for the last 20 years that understood adm inistrative proced ures and gave him 6 months to send ou t his notices befo re court proceeded . One victi m was consta ntly take n advantage of in bankruptcy court. He sent his notices and kept sendi ng the noti ces aU the way up the governmental age ncies (if it is a banking dispute, sen d it up to the gove rnmental age ncie s that gove rn banking) , even up to the Treasury. Tbe Treas ury intervened. " let the judge and bank atto rney have if '. and corrected the problem . You have to he lp the governmental agencies and employee s help yo u by using the law . We tru ly ha ve a wonderful government We need to follow the laws so we can get the help. Then we use the vote to replace the government employees working for the banke rs and working against us. Always be willing to pay if they can explain the agreement and are will ing to return the unaltered. original agree ment when you pay the money. One person in court kept offering, through the mail, to repay the loan in me same specie o f money/cred it ma t the bank used to fund the loan thu s ending all interest and liens (ie.â&#x20AC;˘ another note payable in the same specie of money or credit the bank used to fund the loan per GAA P. thus en ding all interest and liens). We simply asked the bank to sign a simple atfidavit that they le nt their money to purchase the loan agreement from the alleged borrower; that they followed the law of GAA P and did not accept money/cred it from me alleged borrower in me loan transaction that funded a loan or similar instrume nt in approximately me amount of the alleged loan ; that me economics of the loan we re nut similar to stea ling , counterfeiting and swind ling: and that the intent of me agree ment is that the party who funded the loan is tn be repaid the money, The alleged borrower kep t tell ing the jud ge. " I will pay, just have the attorney sig n this affida vit and I will pay" , Th e ju dge ke pi say ing, "Sign the bloody affidavi t and get paid and get out of my courtroo m". The ban k atto rney kepi saying, "B ut j udge, you do not understand ..... I cannot sign it" . If he is a de bt co llector, look up ve rification, va lidation, in the Fair De bt Col lection Practices Act in the dictionary and find wha t it says under oath, affidavit. We want details of the agreeme nt. Now get the attorney ethics from your state and get the attorney's oa th of office. Research sta te laws
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and the attorney might not be legally licensed [0 go after yo u in the first p lace. Th ey can not go afte r you without a valid agreement and if it is an attorney hislher ethics say that the y must understand all the details of the agree ment. Th ey fai l at this point. How can the y take yo u 10 court if you are will ing to pay ? You j ust want detai ls of the agreement and for them to follow the law and G AAP before tendering payme nt. The bankers' ow n secret manual, the manual that o nly ban kers are to have . that Tom has read, says "Fraud in the Factum" is a real defense . That is what the ban kers fear. Remember - debt co llectors are using hearsay evidence and you cannot use hearsay evidence in court unless you are an expen witness. We we lcome the ir expert witness. We have 600 q uesti ons for the m. Let them put it on the public record. I do nO( think they are thai foolish. From historical information. To m has learned that if one claims that the agreement is stolen, forged and that one did not sign the standar d agreement, then the banker has a problem. Under the rules of evide nce , the ban ker has difficu lty proving a stan dard agreement applies. especially when one claims that the agreement signed says it must follow GA AP. The intent of the agreemen t is that the one who funded the loan is to be repaid the money and that the borrower provided no money/cred it o r thing o f value to fund a check or similar instru ment in approximately the amount of the loan . Th e bank the n uses their money to purcha se the agreement from you. How can they clai m that this is not part of the agree me nt'! People presume the credit card company fo llo ws the law GAAP - and the C PA GAA P audit says two loans we re exc hanged . Is not the one who funded the loan to be repaid the mo ney? If not. is it a convers ion of funds or a theft? How can they legally take you to court if you have been willing to pay as soon as they can ex plain the agreem ent? How can there be an agreeme nt if they refuse to ex plai n it? They know that they acted me rely as a moneychanger and tried to make you believe they were lenders chargin g you as if there was a IOaR . If you go to an internation al airp ort and change U.S . Doll ars for Ja pane se Yen , you pay one perce nt fee to the moneychanger, not 100 perce nt plus interest! For example: Both parties sign an agreement for yo u to se ll your apples for $ loo l'ash. T he agree ment says you can not use a court to en force the
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agreement. and instead . you must use an ar bitrator. T hey get yo ur signa_ ture and they get your apples. bUI then they refuse to give you the cas h and instead. they give you an IOU that they refuse to pay. TIley breac~ the agreemen t. They d id not give you the agreed consideration. so how ca n they enfor ce the agre ement demandin g arbi tration? Study the Ru les of Evidence. Rules of Evidence do nOI allow them to j ust say this is the total owed. The law allows anyon e 10 demand to see the specific items charge d a nd tota l bookk ee ping entries regardin g thei r agreement. History shows that if you owe lill ie money. it might not be worth while for the ban ker to sue you and co llec t. Th e more you owe. they mo re likely they will come after you . Th ey know you are bro ke-with no money to hire an expert wit ness C PA They know you do not have the time and money to fight them. They figure thai the bank attorney unders tands courtroom procedures and yo u do not. That is the stra tegy they use. This is why Tom says we must use the VOle to ge t everyone debt free . Tom es timates that in the last few years, thousan ds of his students have had cred it card balances zeroed out by learning these secrets. Credit card companies have tried 10 reverse this trend by changing the agreements 10 ar bitration. It ap pears tha t mort gages wi ll be the next type of loan s that the bank ers will not lig ht and release debts. Tom has re pea tedly told people tha t if the banker offers to cancel half the deb t with an agreemen t thai you wi ll nOI disc lose to anyone that he canceled half the deb t. take the dea l. Many peop le have ca lled Tom sayi ng that the bank offered to cancel half the debt if they sig n a bank agre ement of confide ntiality not to talk or disclose to anyone that the bank agreed to cancel the
~.~~the~.~ ~~~ ~t~~II~~ ~thenexl
Chapter 8 - Cred it Card Bookkeeping Entr ies This chapter was written by Todd Swanson. CPA I wo uld like III briefl y discuss the bookkeeping entries that occ ur when a person makes a purchase by credi t card . I am assumi ng that the reader has already read Tom Schauf's first two books or has a basic understanding o f acco unting principles. If not. I highly reco mmend readi ng them . Th is pa..t summer when Tom Schau f was taking the annual Co ntinuing Profe ssional Educa tion courses that al l CPA," are required to take, he as ked those in the c lassroom if anyone knew anything about banks. A cou ple people spoke up and Tom ended up talkin g with two A merican Express erAs and a Se nior Bank C PA VISA Auditor. Tom told them he was curious as to how the " loan" process worked with the credit cards. I will present the informa tion exactly as the auditors gave it to To m. The followi ng j ournal entries are recorded on the books of A merican Express:
l .Acco unt Receivable Sino Vendor Payable $ 100 To record purchase made by cardholder 2.Cas h $ 100 Account Recei vable $ 100 To record payment by card holder 3.Vendor Payable SIOO Ca..h $ I ~) To reco rd pay me nt to merc hant
day every one will demand the same deal .
Th e fo llowi ng j ournal entry is reco rded on the books of VISA when a person makes a purchase with their VISA car d:
Go to www.sec .go v and put in the name of the bank. You will see how they bundled the cre dit card agreements a s a bulk sale. The credit card co mpany is mere ly a serv icing agent. So who own s the contrac t? How can anyone sue you if they do not legally ow n the agreement'!
lRece tvabte from VISA card holder $ 1000 Due to/from VISA Slum To record purch ase made by cardho lder
The following journal entry is recorded at the merchant bank:
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I .Due to/from VISA SHOO Demand Deposit Acc ount $l lXXJ To record deposit of VISA transa ction Think of the above j ou rnal entries like this. They are like making a deposit. The transactio n receipt (slip of paper) yo u sign when you make a purchase wit h a credi t card is take n (either physically o r by Elec tronic File Transfer, EFf for short ) to the merchant's bank and deposi ted into the merchant's account. At that point the merchant hers been paid . The only que stion now is where does the money that VISA transfers 10 the merc hant bank come from? Thi s is the crucial que stion . The answer derermines in my mind whe ther the cardholder actually o wes VISA any thing of value. Whose Demand Deposit Account wars debi ted at the VISA bank ? Which VISA banki ng c ustomer no lo nger has the use of the money that was ju st transferred to the merchant's Demand Deposit Account'? If a VISA customer has lost the use o f the money transferred to the merchants account then the VISA cardholder has a liability to pay the VISA bank! banking custo mer back the money. But, if VISA simply debited and credited asset accoun ts to pay the mercha nt bank then the credn to a VISA assset is offset with a debit to a merchan t bank a.....set. Th e credit and debit "was h and we are left with a new asset and a new matching liability. We challenge VISA and A merican Express to prove if a bank records a new asset from the alleged loan transacti on thai no new money/credit has bee n crea ted . We are not saying thi s is how the transactions are done. We are simply sayi ng that so far no one has stepped forward with the information and docume ntation to prove us wrong . It is my belief that when q uestions are not answered, requested documentation is not prod uced and production of some thing a" simp le as a bookkeepi ng journal entry is denied , then so meo ne has so meth ing to hide . Clear ly. when one has the truth on thei r side . they ste p forw ard into the light with that truth . Pro f. Carroll Q uigle y's Tra gedy and Hope on page 48 admits that new money was created by a new bank asset and liability. Tom Schau f asks. did the money for the loan come from the bo rrow er or from the bank? The bookkee ping entries prove that the mone y came from the borrower.
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Chapter 9路 Debt Collectors Typically debt collectors will tell you someplace in the written notice that they are debt collectors, thou gh they rnay occasionaUy try to pretend that they are not debt collectors. Th e Fair Deb t Co llection Pra ctices Act (FOCPA) on ly appli es to Debt Co llectors. He intz v, Jenkins. 514 U.S. 29 1, 115 S. Ct. 14&9 , 131 L. Ed .2d 395 (1995) ex plains how the United States Supre me Court hes ruled tha t attorneys who regularly engag e in the activity of collecti ng consumer debt fa ll within the definition o f a debt collector unde r FDCPA. Study state court procedures. The witness filing the comp laint. or foreclosi ng on your ho me, or col lectin g on a cred it card. must have personal know ledge to file an affi davit or complaint and win in court. [f the bank witness only sees a copy of the loan agreement, the copy can be alleged as hearsa y evidence w hich can not be entered into COWl. Banks ca n use the V.C.C. to claim that they can use a cop y. The other party can cla im tha t the copy is a "cut and pas te" with parts missing or is a forgery. A competen t witness mu st ha ve person al know ledge and a copy L" heresa y, If they only have a copy and not an origi nal, unaltered loan agreement. then the y have no person al kno wledge with which to answer our questions as to what the terms and conditi ons of the agreement are , and cann ot explain the agree me nt. A co urt hu.s no juri sdiction wit hout a competent wit ness . Now you see wh y the banke rs have tried to foreclose without going to court and use ar bitration to get around the law. Th ey know that they have a weakness. You have person al knowledge as to what was signed. Th e ban ker, who bought the agreement from someone else. does not . If you arg ue the agreem ent, they have a problem . Historically, if you pay the cou rt the monthly payme nts . or have the debt paid up to date so the bank cannot fo reclo se, and sue the bank for breac h, nor fraud . they must now explain the agreement. If you, additionally, argue the agreeme nt (incl udi ng the 5 or 6 things in the notices as pan of the agree ment) -and yo u can repa y in the sa me specie of money or they must re pay the party who funded the toan - you -and the bank did the o pposite of the agree me nt - changed the cost and risk
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-and attac h the CPA report. the bank may not answer the lawsuit or may ask to senle per history. Experience has shown us that you want to put the bank president, or accountant, on the witness stand. or depose them. TIley will fight 10 stop it and only supply a bank te ller to testify. The bank teller will say that they do not know the law or bookkeeping and claim tha t they are not a lawye r and cannot explain the agreement. They will say you got a loan . Histori , cally, the alleged borruwertypically wants to know if the 50r6 things are pan of the agree ment or not. Who funded the loan, borrower or lender? The following is an important court case about requiring the debt collector [0 give verification before the anomey can collect in court: U.S. Bankruptcy Co urt. S.D. Florida Pablo Martine z. debtor, plaintiff. v. Law Offices of David J. Stem PA.• Defendant Bankruptcy No. 99.42274- BKC_ RAM . May 30, 200 1. TIle p laintiff won this court case and this information is very important 10 win against attorneys, and when filing a lawsu it against the bank or bank attorney. The Supremacy Cla use is im portant. State law is void if it co nflicts with Federal law. Supreme Court of U.S. James Edgar. appellant v. Mite Corporation and Mite Ho ldings. Inc. No 80-1 J88. Argued Nov. 30. 198 1 _ Decided June 23. 1982. See Chicago and NOM Western Transporta tion Company v. Kalo Brick and Ti le Co mpany 450 US 3 11 . See Slate of Maryland et al., v. Sla te of Lou isiana 451 US 725 .
Chapter 10 - Douhling Money
Bankers. politicians. ju dges. CPAs and attorneys know the secret. Money gives you power. Compute r-gene rated buying and selling signals for stocks have generated 50 [Q 100 percent profits per year. Call Ind igo. Micro Star 800-315-5635 . Foreclosures can be profitable. Many times. people that are in foreclos ure have substantial eq uity and if you help save the property. the ow ne r agrees to seU it and split the equ ity with you . This he lps them save the property and you get a very large return . As you build up capital, you have more money to save more people. Some people trade currency. If do ne correctly, it can be very profitab le. Many of the politicians make 100 percent profit a year doin g this. Some get 100 percent a month . Some investors even get about 100 percent or more a week. Tom believes in not sui ng the bank and using yo ur time and money 10 get a local investment club to pool your resources and time and concentrate on usi ng the banking system to you r advantage in getting very good returns. Another great source is the Investor's Business Daily. www.investors.com 3 10-448·6150. Omega 88H-279-&101 is also valuable. Trade Sta tion has great stock buy-sell indicators. The phone num ber is 1· 800- 805-9488 and the website is at ww w.tradestation.oom. Call (866) 455-3863 for Fund X or vis it ww w.fund xfund.com. Th ey have averaged about 20 percent a year. This might he lp yo ur IRA. Indigo's software helps you to buy or sell stocks and make money i~lhe stock market goes up or down. O mega uses slow stochastics to tell yo u if stock is over-bought or over-so ld using 2(X)"day ave rages with support and resistance lines . Look at wwwchanoel jn\:stocks,oom for stocks that his torically keep hitting the same sup port and resis tance price leve ls. For exam ple, a stock is "channeling" when it repeats a pattern of going from a $10 support level to a S15 resistance level. and then back to SIO. and then back to SIS. and keeps repea ling a similar pattern. The website tells you when
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to buy and sell certain stoc ks, resulting in nice profits. Results can be 50 to 100 percen t or more a year. If you start with $5000 and double it eve ry year. in 7 years it becomes o ne million dol lars . No one can guarantee profi ts: we can on ly show you the possibilities . Cu rrency tradin g is 24 hours a day starting Sunday night endin g Friday at 3 P.M. Eastern time . Typical ly the currency (Ye n. Eum) moves at 9 A .M. Eastern time plus or minu s 3 hours and again at 6 P.A1 . Eastern time plus or minus 3 hours and again in the midd le of the night. Typica Uy, one trades in blocks of about S l,(){)O whi ch is ca lled a "lot". If yo u make a mistake . you can lose S2IX) or S30() on the SI.000 investment dependin g where yo u put yo ur "stop" . The typ ical trade lasts betwee n 30 minutes to 8 hours . In 2001 . most weeks had one or more trades of 5() to 100 percent profit. If you do it co rrectly. yo u can make substan tial profits . Curre ncy trading takes time, work. education and e xperie nce with patience wai ting for the right time 10 trade . You woul d have a cu rrency broker like peop le have the ir stoc kbroke r. There are c lasses that teach currency tradin g. All c1asses require yo u to sign an agreement of co nfidenti ality. Peo ple have taken several of these very expensive classes and did not thi nk they offered much . The best information on currency trad ing comes fro m the trad ers the mselves and the indicators that they use. Co mputer-genera ted ind icators tell the trade r which direc tion the c urrency is moving . A currenc y trader may wa it for several ho urs for the indicators to line up before trading. Th ere are ex pensive emails that tell you when to b uy and sell. Traders have found that the indicators work far better than any e mail. The indica tors can tell you within 10 minutes or 30 minutes when to trade. The emai l pub lication s are far \es...s accurate and you could miss the trade by hours by relying on the email. For the serious players. currency trading is definitely so mething one should conside r. Currency indicators/v alues can tell you in advance what will happen in the stoc k markets. Currency indicators in March. 2002 showed tha t traders wo uld begi n selli ng US doll ars . forcing the US stock market down for the next seve ral mo nths. Tom Schauf acc urately predicted this stoc k market declin e in advam..ce. If you trade stocks. you need to know and understand currency.
making huge profits? Why swim up stream fighting the m in court? It is eas ier to swim down stream. and use the vote and sound investments to gain the upper hand . Do it the eas y way. not the hard way. You wo uld do far better spending the time to change things usin g the vote and putting money in your pocket through investme nts than spend time and mo ney going to co urt. Would yo u be better off going to court or learning to get 50 percent returns in a short time'!
Bankers and politician.s make substantial profits w-ith currency trading. Instead of lighting the bankers in a biased co urt, why not join them in
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Chapter II â&#x20AC;˘ Changing the System
Cha pter 12 - Ultimate Fear or Bankers
People fai l because they do not do thei r homework; they are lazy. You nee~ to look up a ll the se wo rds in the law dictionary. Look up me fol-
The bank er ca n only say that the re is an agree ment and tha t yo u owe money. The banker cannot show you the original promisso ry note after it was altered. Th e banker fears that the borrower might clai m that the agreement says that the borrower can re pay usin g another IO U - promi ssory note payabl e in the same specie o f money. mone y equivalent or credit or funds or ca pital thai the ban k or financial institution used per GAAP to fu nd the loan. thu s endi ng all inte rest and lien s. Th is wo uld allow the borrow er to disc harge the loan , and all in terest and liens.
lowmg word s : holder in due course. interes t, borrower. offer, agreement, contraLt., frrn rd and the other word s in this manual and Tom 's book . Study the banki ng laws. People lose because they use the wron g arguments or do not ge t the co urt hand book for court procedures . tnvestmems take work as well . If it is worthwhile. it takes work.
You cannot expect the j udge. lawmaker or sheriff to change the law unless you do yo ur job and join us to get the voter awake ned to the tru th a~ut banking . :Vhy sho uld the governme nt agents be will ing to stop taking a ll that bn be money from the bank ers ju st because you think it is wro ng? They will not stop un les.s the Voters can vote them out of office', We can not let them remain in office. If they did this to us in banking , we ~ot trust them eve r agai n. If they stay in o ffice . they can be bribed -. again to lake aw ay our rights and our wealth. They already let us know that money will buy the vote 10 pass the laws that the wea lthy e lite want pas~. Th ey let us kn~w that your vote means noth ing. You were jus t votmg for banker candidate #1 or ban ker candidate #2. Banker win s you lose. They set up a system 10 keep yo u in de bt. to get you r wealth fo r free and to keep the banker in power in a gove rnment run by the bank ers .
WE MUSTCHANGE TI lE SYSTEM FROM THATWHICH HAS ENSLAVEDUS. BACK TO THE CONSTITUTION THATOUR FOUNDING FATIIERS INTENDED FOR US - "1TH EQUALPROTECllONS LIBERTIES AND FREEDOMS FOR ALL. WITH NO NATIONAL IDENTIFICATION NUMBER TO ENSLAVE AMERICANS.
The banker knows that if thi s is clai med. then you could repay not with cash or a chec k. but with a pro missory note also payable in the same specie of money the bank used to fund the loan , per GAAP, thu s ending al l in terest and liens. If the banker insists that you pay the note, you ask the ban ker to sign the back of the note, and you replace it with anoth er note . The banker fears that you will claim that the original contrac t was altere d and stolen and that there wac; an addition 10 the agreement with the following item s: i ) Th e inte nt of the agreement is that the origi nal part y who fund ed the a lleged loan per the bookkeeping entr ies is to be repaid the mone y, 2) Th e bank or financia l institu tion in vol ved in the alleged loan will fo llow GAAP, 3) the lender or financial institution involved in the alleged loan will purchase the promi ssory note from the borrower, 4) Th e borrower does not pro vide any mone y. money equivalent . cred it. fu nds o r ca pital or thing of value thai a bank or financial instituti on will use to give value to a check or simi lar instru me nt, 5) the borrower is to repay the loan in the same specie of money or credit that the bank or financial institution used to fu nd the loan per GAAP, thu s endi ng all interest and lie ns. and 6) the writt en agreement gives full d isclosure o f ali materi al facts. Do yo u see the ban ker 's fear? If the banke r claims ite m number I is false, then it is a swindle. If item number 2 is false. the n it is illegal. If item number 3 and 4 is fa lse, the hunk invested nothing , it was stolen or paid nothing for it and yo u funded the loan . If number 5 is fa lse, the n the bank admits it is on ly a mo neychanger and charge d as if the re was a
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loan . If num ber 6 is false. the n they agree that they conce ale d mate rial facts. How can the bank clai m tha t the se items are not pan of the agreement'! Th e banke r knows that if this is claimed. the bank er must show the original note. If the ban ker c laims that he o nly has a co py, the borrow er co uld cl ai m that the additional pan o f the ag ree me nt is missi ng with items 110 6 . Now one is only argui ng the agreem ent - not the banking syste m. The banker must discu ss GAAP and boo kkeeping entries and ite ms I to 6 are the last thing that the banker wanus to talk about. Imagine the bank er's fear if the borrower se nt a pro missory note to repay the loan , claiming that the agreeme nt al lows it. Imagi ne sen ding in a check to repay the mortgage to be applied to the last note you sent. Imagine the potential lawsuit for the bank er breach ing the agreement and the banker can not cla im mat items I to 6 are not part of the agreement. The borrower says, "B ow can I cl aim this?" T he ban k is inco rporated, and clai ms that they fo llow the law -GAA P- with full disc losu re in their agreements and without false a nd mislead ing adv ertis ing. T hey clai m tha t they le nd you thei r mo ney 路 how can they claim differently? Bankers fear that they will have to explain the agreement, GAAP and w ho funded the loan . The banker wants yo u to argue the banking system , wh ich mean s you will lose in court. They do not want you to claim breach o f agreement and claim items I 10 6 are pan of the agreement and they wou ld have to claim items I to 6 are not pan of the agreement . Banker s unders tand that if they re fuse 10 show the original agree me nt, the borrower may claim thai the copy is forged because it leaves ou t items I to 6 . Bankers fear that borro we rs may say " fraud in the factum", clai ming that the ite ms I 10 6 are concealed o r there is a forged document leaving the items out. W ho cares who funded the loan ? You care becau se it cha nges the cost and risk of the loan. If there is nothi ng wrong with stealing and counterfeiting. the n w hy do we sen d those kind of peop le to jail'! After yuu se nd all the notices. ask for a closing state ment to discharge the debt. Th en offe r to discharge the debt with cash or same speci e of money. as di scussed ear lier, provid ing thai the ban k returns the origi nal. unalte red note at lime of pa yme nt. They will refuse. Th is allows you to sue. Thi s has led to ma ny wins.
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Cha pter 13路 T he Threat to the Economy
Historicall y, when the stock. mar ket falls to half its leve l. many people sto p spend ing and a recession o r de press ion follow s. Tod ay people are at historical records of high debt. As of Jan uary 20112 over 6 percent of cred it card holders can not pay the debt. Th e Federal Reserve Bank has bee n re peatedly cutting interest rates . They can only cut so muc h before increasIng interest rates. So far, we only disc ussed the traditional boom and bust cr eated by roday's ban king sys te m. Th e new recession or depression could be both spouses working and nOI having the money 10 pay the bills wi th most hou seholds having little or no savings and huge de bts . People increase spending until age 45 . Afte r age 45 spending drops. Th e be ll curve of 45 year olds say s thai US consumer consumptio n wil l drop off significantly in IWO to five year s, creatin g a reces sio n. Don't forge t [he Soc ial Sec urity problem of more and more o lder people and fewer and few er yo unger people. The Ellio tt Waves have five legs. We are on the last legs, indic ating a coming recession or depression. The Elliot Waves have bee n very reliable over the last 300 years. For details, buy the book Conquer rhe Crash by Ro bert Prec hrer. As of Se pt. 11. 2001 , we have to co nsider a new calculation in dete rmin ing the futu re economy. Investors Business Daily, Jan. 25, 2002. page A20, disc ussed how terror cou ld destroy the U.S. economy. Th e new spape r disc usse d what happens if a mass destruction wea pon or bio logi cal weapon was put into a ship ping contai ner. A bout 90 perce nt of the world's shipping is do ne by contai ners. Shipp ing containers are the size of a large se mi truck. Containers are 4 8 by 8 by 9..5 feet. Some shi ps carry ove r 7,5 00 containers. Most of shipping is don e using containers that are tran sferred to tra ins. Often, shi pping containers also smuggle peo ple into the co untry alon g with dru gs and illegal ite ms . Most all of it goes undetec ted by customs . O ver 50 ,()(X1shi pping containers arri ve eac h day. Custom officers inspect only 2 percent of containers. Ho meland sec urity head, Kay sa id. " The containe r is so sc ary in tenu s of bein g a rational way of deliverin g a weapon of mass destruction. you al most hate to d iscu ss it : ' U.S. C ustoms Se rvice Commissioner Richard Bonner
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sai d, "O ne of the mosl lethal terrorist sce nari os ... is the use of ocean going containe r traffic as a mean s to smugg le terrorists and weapons of mass destruction into the United Sta tes. And it is by no means far fetched. Imagine the devast ation of a small nuclear explosi on at one of our seaports ." Osama bin Laden announced that it was his goal to destroy the U.S. economy. We have many enem ies who mig ht follow Osarna bin Laden's advise . T he article exp lained that it wo uld be difficult to inspect all the co ntai ners enter ing into this co untry. To inspect them would be nearly impossible and if yo u tried , it wou ld crea te a boule neck and nearly stop imports . The containers could be shipped to a midwest city and through global posi tioning by satellite. a terrorist can determine ex actly where the co ntainer is before releasing the wea pon. Every American should understand the danger. The govern ment wo uld not shut down a ll the airports for a week as on 9/1 1. The government would stop all containers. All imports wo uld stop. Trains with contai ners woul d stop for weeks. This wou ld have a significa nt imp act with the economy. Think of all the Americans with huge debts being laid off of work and filing ban krup tcy. Having debt is very dangerous . Addin g the danger of debt with the danger of stopping the economy, gives you serious potential proble ms. We need to pray and ask God 10 prevent such a problem.
The current banking sys tem of forcin g peo ple into debt crea tes booms and busts . The more debt and the signi fican t possible changes of terro r. oil or world changes can significantly change our economy. If you do not unde rstand investments. curren cy and the economy, you are askin g for pro blems. You determine if yo u will pro fit or lose from today's banking system.
Let us switch topics to the currency. Many Arabs hate Jews . Arabs know that in America , the re are a high percent age o f Jew s heading up our media, j udges, lawyers, CPAs. bankers, and go ve rnmen t. America he lps Israel, the archenemy of the Arabs. Whal wou ld happe n if the Arab s tum agains t America and te ll us that they want oil payment s to be made not in U.S. dollars but payment must be made in Euro do llars . Some of the Arabs have already bee n pushing for this. Europe wou ld love it. Europe has abo ut 50 perce nt more population than the United States. If thi s happens. eve ryone will dump our dollars, creating inflation. and forcing the Federal Reserve Bank to Increase interest rates. Th is would create ser lOlL" problems. The Arabs could make a huge profit in the stock market knowi ng ahead of time what will happen. Th is co uld force o il prices to go up . If you were a curre ncy trader. you co uld make a fortune. as the rest of Americans would be significantly hurt . The Arabs co uld make a huge pro fit on stoc ks, curre ncy, and nil by simply chang ing the wo rld currency to Euro do llars as the y achieve thei r po litica l agen da .
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Chapter 14· Title 12 U.S.C., The Banking Law If you sue the bank. you must firs t read all of the bank ing law. United Slates Code Ti tle 12 part 84 (b) disc usse s loans and extensions of credit, whi ch makes it ap pear that a ban k liability is now money or fu nds loaned. The law also says that the bank must fo llow GA AP and accordin g to GA APa ban k liability is not money but owi ng mo ney. By law, a deposit is money the bank owes. The ban kers w ro te the law and the agreement. TIley still can not ex plai n what money is. Is money equivalent to ow ing money or not owing mo ney ? They cann ot ex plai n if you or they fund the loan. Under Title 12 , rea d about the servicin g agent (also see 12 USCA, 24 C FR 3500.21), HUD (w ho can foreclose). forecl osures an d obtaini ng information. Read 12 USCA, Sec 3754. Chapter 38a. Single Family Mortgage Forecl osure an d read how the person foreclosi ng mig ht have to live in your stale and how the Secretary (HUD ) ma y give written designation of a commissi oner. Requ esting this informa tion ha s stopped foreclosures. You can write up your own notice pertaining to this. If yo u have tro uble ge tting information from the bank , look at 5 USCA 55 2. since banks are believed 10 be an agency of the government . Go vernmen t sponsored enterprise s are age ncie s subj ect to Free dom of Informatio n Act (FO IA) requests - see age ncies w ithin sect ion 47. "Federal Ho me Loan Mortgage Corporation. was "agency" subject to disc losure and reporting require ments of thi s sec tion (47) -, Rocap v. Indiek C .A.D.C. 1976.539 F 2nd 174 . 176 U.S. App . D.C . 172 .
given to yo u. If you do not do your home work and look up these law s and know court m o m procedures, you have no business suing the bank . For example . look up California's slate laws abou t instruments (CUCC § 3 104(e». material alte ratio n (CUC C § 3407), and unauthori zed alterarion (Califo rnia Ci vil Code § 1700 ). Lo ok up co mparable law s for yo ur ow n sla te and incl ude these in the Notice s that you se nd 10 the Lenders. The issue is FULL DISCL OS UR E of the TERMS and EXECUTION of the agreement. Was your promissory note con ve rted into something of value by the Lender and deposited by them into an account? To find out , you must see the or iginal promissory note! If it has been stamped or had an "allonge" affixed 10 it to acco mmodate endo rseme nts . then that is prim a facie evidence that it was convened into a negotiable in stru ment. Did the Lend er inform you of th is? Does the Lend er have written authoriza tion for this fro m you? If not . thai is "fraud in the fac tum" (frau d in the exec ution), wh ich is a rea l defense - e ve n against alleged " Holders in Due Course" of a pro misso ry note !
Look up state law s regardi ng contracts, ban king, forec losures. los t and stolen or forged promissory notes. the oust deed sa le and how 10 stop it (some state s have an administrative re medy 10 stop the sale or you m ight have to file a lawsuit to sto p it). and VCC pertaining to your si tuat ion . If you look up these things. you will find some real interesting facts. Go to the local library or law library (some colleges or universities have one) and do your homework. Fe w attorneys stud y law; they study courtroom procedure.s . Your research ca n win again st an attorney who doe s nOI know law. Get other people to join yo u and study toget her sav ing everyone time and e nergy. Typical ly, the one w ho sues first wins. Hist ory shows tha t if you a..k for money damages. Lhe ban ke r is more like ly tn figh t in coun. History sho ws that if you on ly ask for the al leged loan to be cance led. the y migh t j ust acce pt a se ttleme nt wit h no extra money 10 be
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Chapter 15路 Auditors and Attorneys Enron stock collapses to less than one percent of its earlier value . Arth ur Ande rson C PA firm for En ron destroys key doc ume nts , e-maits. memos mat could incrim inate Anderson for violation of a uditing standards as outs ide investigation was immi nent antici pating me o nslaug ht of lawsuits fro m Enron inve stors. S EC investigation and possible criminal violations. Anderson's head auditor Dav id Duncan headin g up the Enron a~d i l refuses 10 answer Co ngressiona l q uestions o n 1-24-02 by invok ing his Sth amendment rig ht. Du ncan ad mitted to receiving orders to destroy doc ume nts. Fonner S EC chairman said accounti ng firms are hopelessly compromised by fees they received by audit cli ents. To m has cassette tapes on how he believes the auditors violated GAAP and G AAS in bank audits. Many bank aud itors have told Torn thai the bank audit is a fraud. 11Ie SEC is right . In the nam e of profit. you can compromise an auditor even to blatant destruction of documents and refusal to answer Con gress in me investigation. See Investor's Business Daily 1-25-02 for detai ls. Bank attorneys commonly claim that you got a benefit by the bank loan . You gOI me money so no harm was dune and now your signature on tbe promissory note requires you to repay the loan . We should use the same argument and say tha t if someone counterfeits mo ney and lends it 10 you . what does the law say. The law says. if someone co unterfe ited the mo ney. you have no legal liab ility to repay the co unterfei ted money lent to you . It wass illegal. No rights can be acq uired by the illega l operation. The same situation ap plies if the bank violated G AAP as it does for co unterfe iting or stealing. Auomeys arguing again st Torn on this issue do nOI know the law. GA AP o r the matchin g princip le on G AAP. The CPA a uditor to ld everyone signing the prom issory note that mere can be no econom ics similar to stealing, counterfeiting or swindling . In fact. me arrorney cannot explain what money is. Is money " owing mo ney" 'l ls a bank liability the evidenc e of mo ney that the bank owe s? Is cas h the only money or are the note s used a" money ? If the notes are not money. is it check kiting? What is the de finition of check kiting'! If cash is me only money, the n no conside ration was given to purchase me note from the alleged borrower. If the nore is money. then the tende r/bank accepte d money from the borrower that funded the loan , so wh y are we repaying
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the loan to the one who stole o ur mone y and returned it to us as a loan '! Why are we repayi ng the part y who refused to len d o ne cent to purchase the no te from me borrowe r? Did not me thief get a bene fit by stealing? Th e attorney tries to reverse the arg ume nt and make it look like you gO! a benefit by having wealth stolen from you and returned to you as a loan . If you stole the attorney's money and returned it as a loan. he would have you put in jail. Did the note fund the loan check? If yes, me borro wer funded me loan . Was the loan cbeck used to purchase me note fro m the borrower? If yes, me note cannot be used to fund the loan . Which wass it? The answer tells us if there is equal protecti o n o r if the economics are similar to stealing. counterfeiting and swind ling . Get the idea? Can a counterfeiter or thief answe r the speci fic questi ons of thei r trade'? Do the y have to use deception to get you to do busine ss with them ? If he tell s you the truth. he is exposed. The banke r ....Tote the agree ment. If the banker has nothing to hide. have him ex plain it. If they claim that me re is not fraud in the factu m or fra udulen t conceal ment. the n have them explai n all of the details. You have a righ t to unde rstand the details of the agreement. Th is only tells you how incre d ibly intelligen t the moneycban gers, bank au ditors. bank attorneys. gove rnment age nts are to fool Americans. Like one bank aud itor told Tom. the re are incre dible profi ts in creating money and lending it out. Tom think s the professionals are not as stupid a.. they may want you to think that they are . Tom is not cal ling bankers. attorneys , C PAs and govern ment age nts cri minals. Tom is just showing you how smart and intelli gent they are to gel your wealth for free without yo u having a clue how the y did it. Tom think s it is cri minal for the voter to allow this to go on. The voter is the one respon sible for this. Th e voter has the abi lity to end it very quic kly by helping us win the vo te. We win the vote by do ing it one vole at a time and angering the vote r into telling hislh er friends to join us. Oth erwise the banke rs and the ir profes sional frien ds and government cronies will kee p o n doi ng it 10 American s. Do you not see how moneychangers, to keep the dece ptio n goin g, use the aud itors and attorneys? Do you see how we need the vote to change
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the sys te m thai is designed 10 keep you in de bt. brok e. and e nslaved 10 the ban ker'! Angry A~e~ca~s will think it is their duty 10 wake up the vo ters. so help us and j om with us in this great and noble task.
Chapter 16 路 Introduction to Preliminary Judi cial Procedures Thi s chapter was writt en by Richard D-ale Hollis. D.O. Th e purpose of this chapter is 10supp lement ones ed ucation and to introduce yo u 10 the various shortcomings we find when others reque st our help. I was as ked by Tom to write this chap ter to help c larify so me aspects of procedures . My experience is limited bUI hopefully invaluable . Noth ing in this c hapter may be construe d as giving legal advice though I routine ly req uest suggestions from my own legal coun sels . Once you have read. studie d , and confirmed all the laws , Federal Reserve Bank supplements and various types of Notices . you may begi n to wonder where 10 start first as il pertains to yo ur per sonal situation. Perhaps you will find thai seeking private assistance is more to your advan tage but in no way does this avoid yo ur responsib ility to learn the material. Most people will not seek help until they are in deep trouble. They requ ire assistance because they are bein g sued. rece ived a summons and co mplaint. and only have a few days to answer. You must revie w the co mplaint and answer it with speci ficity. or generally de ny all its allega tio ns. demand written proo f via sworn affid avit. and demand an eviden tiary hearing unde r the rules of ci vil procedure for the produ ction of all origi nal documents. You must attend all hearings o n the matter. Occasio nally, the adverse party will deem your answer as non -contestin g and mov e for a default j udgment for failure to answer proper ly or failure 10 attend a heari ng . T hough you are involved in an action. you must continue to w rite Notices . Th e Notices ca n be filed in as evi denc e 10exhaust your administrative re medies. Normally, me adverse counse l will avoid any re ference to the Notices because they are paid to publicly perpe trate a co mmercial tran sacti on while you are attem pting 10 se ttle me matter privately . You will find the "admissions document" also outlined in this manual very helpful as well . You may serve the ad verse part)' both publ icly and privately. Of co urse the adverse coun se l will refuse 10 admit or de ny most questions
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in me admissions document because it exposes the truth about the banking system. Therefore, you can subm it a " Motion to Determine the Su ffi . ciency of Admi ssions, then a Motion to Compe l Admissions to force the adverse part y to answer or in the altern ative, have all ad miss ions dee med admitted. You must look up the various motions in your loc-al court rules to app ly them. At this point . you ma y be wond erin g, how is it that you have been unab le to ex JXIse the truth con cernin g me bank loan agreement? Remem ber. lawyers for the bank are mas ter man ipulators. Man y are clueless a... to the banking laws and their only contention is that you benefited. Did the bank benefit? Would I(X>% pureprofit plus interest bea benefit? Hmmmm, so unds like cou nterfei ting, en slavement, unjust e nrich ment, uncon scionable contract. lack of disclosu re , total failure of adequate conside ration tome ! Th e fact remains, you cannot prevent discovery of the fact s, admi ssions, production of origi nal documents , bill ofparricul ar s, depositions. or an y other proof and at the same tim e gran t the co urt " subj ec t matte r jurisdiction." The co urt can onl y have its j urisd iction if you su bmit to it and it is impossible to he denied due proce ss of law and disco very and at the same time grant the court subject ma tter jurisdiction 10 hear a cese, thou gh the adverse co unsel would hav e you be lieve different ly. Th e judge 's first responsibility be fore an y heari ng or trial is In determine whether the Court has subject matter j urisdiction, if not. the judge loose s imm unity and herein lays their power 10 rule over the matter or surrender thei r immunity and be personally liable. Your appearance in court is not to argue. You only declare the facus, demand proof an d if you have bee n denied administrative due process of law. then declare it to the judge . Do nOI create any controversy or disputes . Th ere are none. You simp ly o bjec t to any of their contentio ns because they amount to nothing mo re than hearsay. You are not the one who brought the c laim: so SlOP your testimony agains t yourself. The bank mus t provide the burden of proof. Th e j ud icial sys tem is a trial of the facts that are in controversy, but first we must present the facts . .. period . How can you defend yo ursel f if you do not know the facts '! The bank 's job is to hide the facts and your job is to e xpuse them . Th e bank hass no defense and that is wh y they hire the
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master manipulators. the "debt collectors: ' If you obtain all the material referenced in Volume I. Volu me 2 and this manual. you will be we ll prepared to give yourself plenty of tooL.. that will help you win against the bank . Below, is a short list ofessential items but in 110 wa y is it an exh austive list. I . Tom Sc hauf's Volume 1.2, and this Banker 's Manu al 2. Tom Scha uf 's audio series : "Arg ue Like a Ban k Loan Expe rt Witness" 3. TIle Co urt Rules for your Slate 4 . Federal Rules of Civil Procedure. me State Rules follow these rules 5 . The Dictionary of Bank ing Tenns, by Th omas Fitch 6. A VCC textbook. or the practice series if you can afford it. the ann otations are important because the y provide the case law 7. A good Law Dictionary &. A tex tboo k for Business Law, an Ande rson 's wor ks well 9 . The Fede ral Reserve Bank publications, and save the envelope, they are evide nce 10. An Interme diate Accounting Text W hen tim e is short, we sugge st you seek proficient he lp but you still m ust learn the materi al. I have found that using local attorneys well indoc trinated into the system to be of little help in represent ing you r interes ts. No matter how you plan to obtain re lief from the banking system. you m ust understand all the principles taugh t in these books and refere nces. Never accept the idea that someone el se is going to w in your case. We are nOI magi cian s, an d any illusions you may have will soo n end in disappointmen t if you refuse to do your hom ework. T he business of "cu t and paste" using someone e lse's form notices, and duplica ted to the letter is futile . My experience ha.s been tha t people who use this shortc ut "copy and paste ,' usually end up in trou ble and are named as a defendant in a lawsuit. Learn [0 rew rite these examp les and sim ply use the e xamples a.s a guide . If you ele....are your procedure to an an. you will definitely be more successfu l. Another pro blem exi sts when you take w hat others say and use it as if it were true. I live and practice by this caveat. "Just because so meone says so. does nOI make it so." When you have co nfirmed the inform ation for yo urse lf, and you kno w truth about what you are doing, your co nfide nce an d ability to del iver any presen tation will Increase by a hu ndred fo ld.
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ON D INVQI CE . . ..etc .
Writing noti ces is truly an art (ann. but if you know the princi ple s taught in these books. yo u will be much more succe ssful. The affidavit authored by Tom is a gold mine. Use it because it has tremend ous value . The afflda vit need s to be formed with a line space between eac h assev era tion. First request the credit card company to swear on the facts stip ulated in the affidavit. Your nex t response to the ir refusal is: " I am unsure as to why you refuse to sign the Affidavit provi ng I am mis taken" thus they have no proo f that you in fac t owe anything. the truth is. they owe you . When they refuse 10 sign the Affida vit. this goes a long way to prevent bei ng named a.. a party in a lawsuit. How can the y swear out a complai nt and refuse to sign the affidav it in your first notice . Co ntinue to send the Affi dav it in the seco nd notice wh ile you update yourself on the laws given
Tbese Notice titles work well fo r most bank loans and co llateralized debt I. ACTUALNOTICE OF FULL DISCLOSURE 2. ACTUAL NOTICE OF FAULT3. ACTUAL NOTICE OF DEFAULT4. SECONDACTUAL NOT ICE OF DEFAULT IN DI SHONOR 5 . ACTUAL NOnCE OF BREACH OF AG REEMENT 6. NOTICE OF BREACH AND ANTIC I-
PATORY REPUDIATION OF CONTRACT 7. NOTICE OF DEFENSE AND C LA IM IN RECO UPMENT The title of the No tice pertai ns to the subject o f the notice. noth ing mor e. and has unlim ited possibili ties. Kee p it simp le . Sometimes you must add two or eve n th ree titles to a notice. I have even sent a "Notice of Lost Instrum ent ' j ust to find out who has the origi nal Note for physical inspection .
as ex am ples for yo ur homewor k. You can even add the ac tual wording fro m the U.S.C .â&#x20AC;˘ the C.E R. and the U.C.C .to your notice s. Th e wording gives your notices bite and makes them meaningful. The V.C.C . is not subjec t to change by the judicial system so use it. A violation o f the law or procedure or hearsay evide nce is what overturns or vacates judg ments again st you. I have never read a case where there were nOI violations of the law and procedure. and hearsay evidence. Most attorneys do not know what the law say s and this goe s for judges as wetl. Anorneys are swo rn to uphold the Rules of Coutl as we ll as the law. We have person ally seen a case where we had to deliver a copy of the Fair Debt Collections Practices Act to the judge because he did not know what this vital Act ofCongress said. So sometimes
Now let's review items of discovery. The adm issions doc ument mus t be specific. You must actuall y name the parties in your req uest for admi ssion s. Do not use generalterms. A product ion of documents must always reques t ori ginal documents. everythin g else is hearsay evidence and is not based on facts. Remember. courts make judgments not based on fact. but rather your agreement to hea rsay eviden ce. and we coll aterally attack it. The art of writ ing up plead ings, notices or an y oth er conten tion is based on meri t and your understandi ng of the subject .
you even have to educate the j udge .
A demand for " Bill of Particu lars" is a reques t for specific informa tion and document s like accoun t ledgers. bookkeeping entries. and each and every transaction with particul ari ty even the o riginal promisso ry note. Infonn the adverse part y in your plead ing that failure to pro vide this information or doc uments will preclude the m fro m using them at a trial and tha t they only have twenty days to pro vide them . look up your speci fic local court rules for time limit. type of forms to be used. etc.
Now let' s rev iew so me titles for Notices. Do not reprint general titles exactly as they appe ar in the appe ndix of th is manual . Change the titles to fit your situ ation for e xample :
I. DEMAND FOR ADEQUATE ASSURANCE OF DUE PERFOR¡ MANCE 2. NOTICE OF DISPlITE (this does not mea n that a centro-
versy exists. it is si mply a title used to inform the credit company to inFail ure to provide discovery is an abrogation of due process of law. You
vok e your claim under the Fair Cred it Billi ng ALi.. a Tru th in Len di ng provision) 3. SEC O ND NOTICE OF DISPUT E, or A NAL NOTICE O F D1SPlITE 4. NOTICE OF BR EACH OF AGREEMENT 5. SECO ND NOTIC E OF BR EACH OF AGREEMENT.. .etc. 6 . INVOICE 7. SEC-
are always en title d 10 see the orig inal docume nt. examine the evidence or an y witness for that matte r. Fail ure 10state a claim upon whic h relief may be gran ted is an answer on the initial Answer to a Summons and Co m-
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plaint or eve n a dis missal of the claim. The bank has a claim and the y want you to belie ve they have bee n damaged . The tru th is, yo u are the one who has bee n damaged by deception. misrepreseruanon. fraud, inflation an d deflation of the eronomy, fia t pape r. Federal Rese rve Ban k notes and thei r private script constantly damage our country II is wo rth less an d has little or no intrinsic value. Non-judicial forec losures are lawful because the S upre me Court said so and you gave the bank the right to foreclose on you in the original promissory note agreement. This Iinle clause is wri tten in the Note an d the ban k knows it. In this case. yo u need a " Ve rified Co mplaint." A "Summons" a " Motion ro Vaca te a Void Judgme nt" with a brie f in support of your Mo tio n and so metimes an " Inju nction" or a " Stay: ' and a "Liz Pen dens" filed at the county rec order to cloud the title. If time is short. title yo ur " Motion to Vacate. . . . as " Emergent Motion to Vacate. . ..'路 as these must be heard with seventy-two hou rs. Also, make up the actual "O rder" for the j udge to sign. It is cal led a propo sed form of or der and must be filed with all Moti ons. Judici al foreclosures require al l the rout ine answers , disco very, e ll". They are do re in ope n coun. As long as )路ou work fast and res pond appro priate ly, you will do fine . Never overesd ma re the adv erse counse l. I have found most 'debt collect ors ' to be vindic tive, manipulato rs. we ll verse d in coon procedure, rare ly utilize anything more than hearsay evidence , and neve r very inte llige nt. I am not sure as to why 'debt collec tors ' have small intellectual capacities but this bas bee n my experience. If time is so short. an d your home w ill be auctioned in the morning, we usua lly encourage a Chapter 13 filin g the very day before the auction. Bankruptcy gives yo u an auto matic Slay (If any acti on or judgment and al lows yOU time 10 organize your material . However, yo u still continue writing Norices and re mind the C RED ITOR about ti ling false "Proof of Claims." If they file o ne, object 10 their clai m and de mand production of the o riginal unaltered Note , and all the ot her discovery you can get. Most a ll de bt sec urity instru ments can be disc harge d inside the bankruptcy if they fail to provide the proof. If you ne ver dem and the proo f. as yo u are entitled. yo u wil l not get it and you will lose.
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it's over. As long as you speak and expose the truth, you ~:te.r defend and protect your life, liberty, an d freedo m, and you W i ll ~n. Every time the adverse party file s an affidavit or some erroneous claim of perso nal knowled ge or -veriticauon," it must be rebutted with your own affidavit of the truth . Learn to write affidavits that plainly state the facts . Affi davits do nor draw co nclusions of law, or assume any information. Simply state the facts . Negative averments work very well . exam~le ; I am not in possession of any original document w ith my bona fide SIgnature that purports to perfect a claim against me (Copies are not ~om pe te nt ev idence and I did not sign a copy). So, you mustlearn to wnte Affidavits. I am co nfide nt if you do your homew ork and learn the .information ~ou will be success ful. We have had many. many successes III our work Simply because we do our homework . Know led ge has va lue. Cre dit reports have no value and are useless as far as I am conce rned . Learn what real val ue and wealth is and accumulate it. Th en you can te ach others the same inform ation es pecially ou r childre n . I know this chapter does not te ll you every as pect needed to win ~ judicial co mplaint. but it will ge t you hea ded the right di rection and IS only a guide. Re member, there is al ways life afte r judgme nt in an y coon .and you will find pos t-judgment remedies as well. My sin<:re ~ are grven 10 Tom Sc hau f for this opportunity to supplement th is Bank er s Man ual . Richard D ale Hol lis, D.O .
One final wor d of interest needs to be stated . It is never over unti l you say
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Cha pter 17· The Bible and Today's Banking
C hristians can use the following Bible verses to help be lievers and preac hers to follow the Bible 's view on banking . Th e Ame rican Revolution ary War was fought over the two banki ng systems. At that time 98 percent o f American s claimed to be C hrist ian. Th e Constitutio n on ly al lowed go ld and si lver, prohibiting credi t, forcing eq ual protection. The following verses tell us what God sa ys.
Exodus 18:21 (chapter 18 verse 2 1), 20 :4 . 20 :13-17, 23 :1-3. Levitic us 6 :1-5, 19: 11-15 and verse 36. 25: 23-34 . Deu te rono my 5:19-2 1. 18:1520, 19 :18-19, 20 :1-4. 23: 19, 25: 13- 16. 27 : 18-25, chap ter 28 (If you obey Gods law. yo u are blessed. If you disobey. yo u are cursed .). 2 Kings 17:19- 20.2 Chronicles 24:20 . Nehemiah chapter 5. Psalms 1:1-3.7 :1416.10:7.15 :1-5. 17:1.24:1-4 .26:4.27 :12.32:2. 35:10-11 . 35:27. 36:3. 37 :1-11. 40 :4. 4 3:1. 50: 10- 11. 53:1-3. 64:5-6 . 78 :36. 81 :15. 84 :11- 12. 94 :15_1 6 . 101:7. 106:5. 107 :1_2. 107:11_12. 109 :2. 115:14. 117:2.118:2526 ,1 19:97-9 8. 119 :104 . 119:118, 119: 121. 119 :163. 120:2,146:7. Proverbs 1:32-33, 3:9_10. 3 :32. 4:24. 6 :16- 19.6:30- 31, 8 :13. 8 :17-2 1. 8 :3536. 10:3-4. 10:6, 10:9, \{):22-24 , 11:1, 11:5-6. 11 :20 , 11:24-25 . 12 :17. 12:22. 13 :5-6 , 13:2 1.1 4:5-9. 14:25. 15 :5-6 . 15 :9-10 , 15 :26-29. 16 :1-3. 16:11- 12. 19 :5. 19:9, 19:28, 20:23, 21:3. 22 :7-8. 22: 12 , 22 :22-23, 24:28. 2&:16,29 :2. Eccl esiastes 3:13. lsaiah5 :23 . 9 :15-17 . 10:1-3. 16 :4-5. 3 1:1. 33:15-16, 4 1:11-14 (Gud gave this verse to To m), 42:24. 48:17- 18. 48 :22, 5 1:4.54 :17. 55 :8-9.56: 11.57: 17.59:4.59: 15- 17. 63 :10. 64:7. 66:4 . Jeremiah 5:28. 5 :30-3 1. 7 :23-24. 9:3, 9 :6. 9 :12- 13. 10:2 1. I I: 1-5. 12 :17. 13:25.14:13-22.15:7.17:5-11.21 : I I . 22 :3. 22:13-14.22:17.23:14. 24 :78.29:11- 14 ,29:32. Lamentations 3:35-36. Et.ekiel3:18 , 6 :9-10, 7 :2122,1 3:2-3. chapte r 18. H : 1-9 . chapter 33 and 34. Hose a 4:2. 6 :6. 6 :11, 10:12-13. 12:7, 14:9 . Joe l 2:12- 13. Amos 2:4-6. 3:7. 7 :7-9. 8:5. Jonah 3 :10 to 4:2. Micah 2: 1-4. 3: 11. 6:8- 16 . Habakkuk 2:9 . Zephaniah 2 :7. 3: 12-13, 3:2 0. Haggai chapter 1. 2 :8. Zechar iah 5: 1-4, 8 :17. 1\ :17.
their names to Jewish nam es claiming 10 be Jews bUI were not See Reve lat ion 2:9, 3:9 . The B ible claims that today's ban kers are of the synagogue of Satan. See Genesis 25: 30-34. 27: 30-46. Esau L<; try ing 10 get back his binhright.) Christians worship a Hebrew (Jew ) called Jesus. Satan uses counterfeits. Ma lach i 1:14 , 2 :1-2, 2:9, 3:5-7. The churc h, trying to gel mo ney, makes a co ntract with the banker - IRS (collection age ncy of the private ly he ld Federal Reserve Bank) bringing the churc h under the curse by d iso beying God 's laws. Lov e of money by the church brings on the curse by on ly teachin g parti a l instru ction of God 's word. Love for IRS contributions to get your mo ney. de bt to build a big building today, and big preacher's sa lary bri ngs on the curse. By contract. the IRS controls the church . That can be ido latry. The IRS can be the idol. placing the IRS first and God 's law second. Idol worshi p is a curse to the members of the church - the curse of debt and little wea lth. Matthew 6:3-4 (IRS violates this verse ), 6 :24. 6:33 . 7 :6. 7: 15- 16, 7 :21. 7:24-27.12:1&-21. 15:13-20 .1 7 :24- 32.2 1: 13. 22:37-40. 23 :1-4. 23:25. 23:28. 24: 11. 24:24. 25 :14-30 (We did not bury the talent. we gave it away to be give n back as a loan . w hich is a grea ter sln.). Mark 4: 19,7 :6-9 ,7 :20-23. 10: 17- 19 , 12:3 1.1 4:1, 14:11. 14:56. Luke 3:12-14 , 4:5 (God created it and whe n man disobe yed . the devil got it by deception and by creating money and loan ing it o ut). 4: 18-19 ,7 :29-30, 10:30-37 (Help tho se w ho have been robbed.), 11:39,11 :42 -44 , 11:46 -52 . 13:2 3· 2R, 16 : 11-15,1 8:20. 19 :8 (I f the ban ker repe nts, he Dl..-eds 10 re pay us the no te he depc sued.). John 3: 19-2 1. 8 :44-47, Acts 13 :10, 20 :27, Romans 1:28-32, 2:21. 12 :9- 11. 16 : 17-20 (co ntrary to the teachi ng).
In Malach i Chapter I. Esau mean s red head child and Rothchild the banker was a red head child. Esau ( Edo mite s) se tt led by the Black Sea where the Rothchilds , the banke rs of tod ay, came fro m Edom and cha nged
The next verse uses the New American Standard Bible - I Corinthians 5 : 11- 13 (A sw ind ler will go to hell and is not a Christian and if they claim to be a Christian, have noth ing to do with the m. The churc h shou ld stay away fro m swi ndlers.). 6 :9- 11. 10:26. 2 Co rinthians 13:8. Gat auon s 1:68. Ephesi ans 4 :14- 15, 4 :24-28, 5:7, 5 :11- 13 (eve n let the preacher's salary be vis ib le in light). 6 : 10-20 (tru th and righteou sness), Co lossians 2:8 - \ 0 . I Thessalon ians 4:6-8. 2 T hessalonians 3: 14- 15 . 11imtlthy 1:910, 3:1·1 5,6:3·10. 2 Tim othy 3:25-26 . 3 :26· 17, 4:1-8. T itus 3:9- 11. Heb rews 1:9, 6 :1H. James 3: 13- 18, 5 :12. 1 Peter 3: 15. 2 Pe ter 2:1-5 . I John 1:6, 2:2 1, 3:7 - 10. 2 John 1:4 and I:9- 11 (Do not part icipate wi th
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the ban kers .}, 3 John 1:2. Jude 4. Re velatio n 2:8-9 , 3:9, 13: 11 - 19 (banker's cashle ss soc iety), 14:5, 15 :4. 18:4, (Babylon is commerce ban king sins), 21 :26-27 , 22:15. (God does not change) Mala chi 3:6 . He-
prea ching in part ia lity and told the who le tru th, everyone wou ld have more money and the church wou ld use the vote to bring back god ly go vernment.
bre ws 13:8. Now you are armed with the truth and can talk to the leader of your church. Why tithe 10 a church thai will not follow the Bible? Many churches are mere ly businesse s designed for the preacher to accumulate gold and silver in direct o ppos ition to the teach ing of Jesus in Matthew 10:9. I Pete r 5 :1-2. Eph esians 5 :7-11 and Philippians 2:20-2 1. Th e preacher says tithe but violates the law of God when the y get a loan . The preacher is teaching a different doctrine so why participate in the preacher's sin by tithing'?TItheslcontributions in the Ne w Testament was for the needs of the saints . Leviti cus 19:10, AL"tS ~ : 3 2-3 7 . Acts 11:29 , Act" 20 :33-35. Acts 20 :29, 2 The ssalonians 3:6-9, 3:8-14 , Corinthians 4:16 and 11:1. Matthew 6 :3-4.19:21 . 26:9, Mark 14:5, Roman s 12:13 , 15:26.2 Corinthians 8:4 -5. 9:12, James I :27 . Regarding Old Testament Law (tithe) see Acts chapter IS, verses 1,S.8-IO,19-20and 28-29 . Christians who need financial help-tithe was 10 be eaten before the Lord . See Leviticus chapter 19 and Deuteronomy 14:22-29. Does your church eat the tithe a" a group? Why not'? If they are a prosperity preaching preacher saying tithe and they do not tell you about the truth about the Bible saying bank loan s are a curse, they are not te lling you the whole tru th. If peo ple stopped fund ing preachers who re fuse to tell the truth, those preachers woul d go o ut of busine ss and the one's who preach the truth will keep preaching. Every rime you give to someone deceiving people , you participate in the ir si n. Stop sinning and they will stop co ncea ling
Have the prea che r read Tom' s firs t banki ng book , Volume I, and read this part of the man ual concerning the Bible . After he knows the tru th, see if he will follow it with his whole heart or not want to te ll the who le tru th. Tell everyone in yo ur church. Have them read the website. Help those who e mbrace the truth . Some preachers will say that they do not wan t to get invo lved . They are afraid the y might offe nd the banker or are afraid they might lose tithe mone y by upsetting members of the church. See Gal atians 1:10- 11 and then Galarions 1:6-9. This means that they are more interested in their salary, putting money first Instead of God first- than preaching the truth. If your preacher is guilty of this, then he is in violation o f Matthew 6 :33. Per I Tim oth y chapter 3, the preacher is to be free from the love of mone y. and to support the truth. not be part of sordid gai n. It is like the Con gressmen and judges who take the banker's bribe mo ney. Money is given to buy their sile nce when the y should be speaking o ut the truth. See I TImoth y 6:10 . By doing so, the preacher is repre senting his interes ts and not your best interests. " For they all see k after their own inte res ts. not those of Christ Jesus." Philippians 2:2 1. If he loves his people. he will te ll the m the truth and end the slavery. " Yo u were bough t with a pri ce: do not be come slave s of men:' . pe r I Corinthians 7:23 . Have yo ur preache r end the slavery by te lling the truth o r find a preacher who will tell the tru th and follow the Bible. If they tell you to give money to the church, then have them te ll the whole truth or stllp givi ng. Give to someone who will tell the truth.
the truth. Should you leave a church tha t will no t o bey the Bible ? Yes, per 2 Thessalonians 2: 10. 3:6 and 14. Also see 2 John verse 9 - II and Rom an s 16: 17. Tom 's organization is looking for churches and C hristian s who want to learn how to use the banking sys tem to o ur advantage and get huge retu rns on investments so we have the mo ney to bring this nation back to a Christian natio n.
Before tithin g to a church, yo u sho uld ask a few questions . Is the preache r building the preacher 's kin gdo m (big salary and big buildin gs) o r is he bui lding God's kingdo m God's way as the Bible tell" us to do? Can the prea che r look yo u in the eye and tell you thai he will follow Goo'.s way concerning tithe. mo ney, bank loans and using talen ts? If he WIll not follow God ' s wa y. why are yuu following him and giving him yo ur money ? T ithe is de signed to put God first and God says it is better lO obey than sacrifice . If you do not obey God 's way. yo ur tithe mean s lillie if anyt hing in God 's eyes. If all the churches did it God 's way and stopped
We are hop ing that yo u will join us in this grea t venture . O ne church Tom attended had huge debt . Th e first $5 everyone gave week ly wen t to the banke r to pay the lnteres t. Hthe church did it God 's way and stayed
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out of debt and doubled money quickly, the re wou ld be an overflow of money before any weekly offer ing operating under the blessing and nor the curse. Does your church operate under the blessing or the curse? So me preachers will argu e to follow the government. Peter answered this in Acts 5:2 9 and Romans 13:1. Th e governing authority is our Constitution - prohibiting today's ban kin g system denying us eq ual protection. Here are so me fun verse s : Matthew 18 :3, and 7 :2 1, John 3: 16, Romans 3:23-3 1, 10:9- 13. Ephes ians 2:8-9, TItus 3:5, Galations 3:1 I, John 1:12-
13. Why did Jesus die ? Read: I Corinthians 15 :34, Romans 5:6, Mark 10 :45, Co lossians 1:14 , Hebre ws 9: 22, Revel ation 7:14, 1 Peter 1:18- 19 . His blood redeems us spiri tually fro m Satan 's claim on us. On ce we are redeemed, the n Jesus wants us 10 prosper, just as the Israelites were redeemed by blood o n Passo ver. and men were freed from Egypt 10 prosper in their ow n land . Noti ce John 10 :10 "The thie f cometh not. bu t for to steal, kill and destro y: I am come that they might have life, and that they might have it more abundantly." God wants us to prosper and to have an abundant life so that we can , in that conditio n of prospe rity and freedom - Dol out of necess ity - free ly choose to agree with His way of life for al l eternity. God lives in awesome sple ndor and wealth. We mu st experience that same wealth to enough degree in thi s human training grou nd first in order 10 make a leKitimale CHO ICE lo r that way of life. Satan's strategy is 10 stea l our weal th and prosperity so we can neve r experience and choose God 's way of life! God is angry about our complicity wi th Saran's mon ey sys tem based on deb t, counterfeiting and sw indli ng! Just be fore the end of this age, God will have a Remnant o f peo ple who will awake n 10 this fra ud and sudd enly arise to co llect fro m, spoil and plunder thi s money syste m (Hab 2.6- 8; 3.12- 14; lsa 23.18 ; 52 .1-3: Zech 2 .7- 11; Micah 4.6- 13) so thai God can use this Remnant to form a very pros perous nat ion as an example o f the pros perou s way of life thai God wan ts all people to have - so we can choose to escape thi s world , j ust as He pro vided the peop le in Noah 's days wit h a witness of His way of life and chance to escape. Read Micah 6 and see how God strong ly ind icts His people for allowing this financial caste system (Micah 6 .2, 10- 13) to go o n, and how the puni shment will be sick ness for tho se
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who do not do so methi ng about it ! However, the awakened Remnant will be deli vered and their fo rtunes res tored (Zeph 3. 12-20 )! Who is Jesus? Th e Son of ma n through the virgin Mary and God was His Father thro ugh the Hol y S pirit, for God is Spirit per John 4:24 and the first few chapters o f Matthew, Mark, Luke and John . Read 2 Peter 1:17, Matthew 3: 16-17, Luke 4:8. 1:35. Isaiah 4 3:10--11 .44:6, Revelation 1:8, 1:17, 2:8, 22 :8-9 , John 8 :58, 1 Tim oth y 4: 10 , John 4:4 2.1 John 4 :14, He brews 1:5-6, John 20-2 8. Acts 4:12 , 5:3-4, 13:2, Mauhew 10:20, Acts 3:26, John 2:19, Roman s 8 :11, 1Ti mothy 2:5, Mat thew 28:19,John 14:910, John 10:30--33, O alarions 1:8, I Timothy 4:1, 2 Co rinthians 11:1315. Colossians 2:7路 10, 3: 16, I TImothy 3:15. 2 TImothy 3: 16, 2 Peter 1:2Q.2 1 and Matth ew 4 :4. These verses tell you who bas authori ty 10 make the rules. Doe s your church follow the Bible or change the Bible? In the Day of Judgment, you will have 10 answer this q uestion . God wants us 10 pros per and be blessed, see Isaiah 4 8:15- 17, 3 John verses 1 and 2 . God j ust want" you 10 put Him first place in your life and Him before money, (Matthew 6 :33) nOI after the IRS tax ded uct ion and debt. Build the churc h and your home using Goo 's ways. not the banker's ways. God gave us the Bible so we would be blessed and not cursed. God created the earth and the devil tried 10 stea l it throu gh creating mone y and loan ing it out, get ting the mort gages for free , so that you pay more tribute (money ) to the de vil than to God by tithing. So who is firs t place in your life , God or the de vil? It does not ho nor God to give God 's mone y to the devil. We must obey G od. Tith ing is all about puttin g God first. Where your mone y goes tells yo u wh o is first in your life and in your church. God 's banking system is ex plained in Deu teronom y 15 :1-14 . You are not to remain in debt or lose your inheritance throu gh foreclosu re. You are 10 be the lender, not the borr ower.
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Summa ry Those goi ng to court argui ng the banking system will Jose . If you teU the judge that the bank lent credit or did not follow the Const itution, you also lose. A class actio n lawsuit will fail. If you do not show mat the capital for the loan came from you. you lose. If the bank can show that the bank lent you the ban k's mone y. the j udge will force you to repay the money regar dless if you deny it is your signature or not Th e han k will use the form - agree ment - w ith your signature 10 claim tha t the bank lent money to you. To be successful you must show that the substance. bookkeep ing entries (GAAP). were the opposite o f the form. substantially changing the cos t and risk.
It is ver y he lpful to have a CPA expe rt witnes s trained by Tom Schauf using To m's copyrighted CPA report . The notices are used to create an argument to find out what the terms and conditions are of the agree ment. They cannot explain it. yet they wro te it. They claim that mere is an ag reement, so let them explain. You are alwa ys willing to re pay the loan in the same spec ie of money/cr edit they used to fund the loan per GA AP, thus e nd ing all interest and liens , if they can show you the original, unaltered note , not a forgery, and that they purc hased it from you (no t stolen) and followe d GAAP. They are rnoney chan gers , so they refuse the same kind o f money. They do not want you to do to them as they have do ne to you. There are two kinds of mone y. Money issued by the government and mone y created by the bank by deposi ting your money - the promi ssory note . Did your signature agree thai the note is money to be de posited? How cou ld it, if you had no kno wledge ? Signature means that you agree to the validity of the document/transaction. The bank cannot explain the policy or bookkeeping entri es. Banke rs hate it whe n someo ne claims the note is a stolen! forged document. The bankers' secret manua l thai To m obtained shows how the bankers ha te it whe n someone usi ng a rea l defense of fraud in the factu m, claims thai the bank is not a holder in due course. If one does not challeng e tha t the bank is a ho lder or ho lder in due course, the judge will presume that the bank legally owns the note and you must pay. To win. history shows tha t o ne must show breach of agreement since the bank ne-v er paid one cent to purchase yo ur note from you. A trick 10 get
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your note and not pay for it is unj ust enric hment. A borrowe r has the right to believe the bank follo wed the law per GAA P. and purchased the note from the borrower. No title passe s with a theft or a forged document. Th ey will try to get you to say tha t it is your sig nature . If you ever say it is your signature. you admitted to the validity of the document. Look up the word "signature" in the law dictionary.
Even if you win, you have nothing if they go to a national 10 card . We must wake up Americans and do it nnw. The vote is the answer. They can always change the laws to kee p you in deb t un less we can vote in a true change with government e mployees pass ing laws and j udges that rep resen t us and not the banke rs. Use the law and the vote to change the system and use the banking Inve stment method 10reap huge inve stment profits .
Ask for hel p. Ask to see if someo ne can he lp you wi th the co urtroo m procedures and paperwork. Rem ember, historicall y the banking strategy has changed every 30 to 90 days. Old strategies fail. We believe that all borrowers sho uld repay a ll lenders per GAAP. We be lieve in equal protection. We believ e thai the intent of the agreement is that, per GAAP, the one who funded the loan should be repaid the money. We believe that there should be no conceal ment of the agree men t or its material bookkeep ing entr ies. So far. no banker has answer ed Tom's admissions, Study co urt ad missions and summary jud gment if they do not answe r the ad missio ns. lfno new money was crea ted as if it was a loan from a friend. there is no breach of agree ment. If you want to win in co urt. you must help the j udge hel p you without askin g the j udge to directly go agai nst the banking system. Judges have secretly met with us to help us . Many o f them secretly want you to win. They have asked us to present a case in the proper way so that they can help us. If you clai m it is stolen and forged. the j udge can ask the bank to exp lain. When the bank cannot. then the judge can help yo u. The bank dues not want to talk abo ut GAA P and thai is exactly what you want to discuss in detai l with a ju ry listening. Per the agree ment. is the promissory note mone y or to be used like mone y 10 give val ue to a chec k or similar instrument? If yes. you funded the loan : so wh y are yo u repaying intere st and principle to a part y who re fused 10 pay yo u one cer nto purchase the promissory note from you? Anyone buying the promissor y note from the ori ginal lender knew the bookkeeping entri es were the opposite from what yo u understood the agreem ent to be. If they can not tell you wha t the bookkeeping e ntries were. how can they prove they lent you one ce nt of their money to purchase your promissory note from you. proving it was nOI sto len'!
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Tom has shown you the history of past courtroom arguments. Th is does not guarantee that you will win . Bankers have changed strategies and borrowers have changed strategies every few months. You can expect this manual to change every few weeks or mo nths to keep up with the latest changes. Tom expects to on ly print small quantities of the manual at a time to keep printing the latest information. Walch for the latest man uals with the changes 10 be announced on the webs ite : bankhon esty.com Pray to the God of the Bible. Ask the Chri stian God who this narion was founded o n for wisdom. guidance, dire ction and protection and thai God would grant us favo r and blessing eve rywhere we go. We must learn to live for God and country . To m requ ests that you p ray for him on a dai ly basis. Pray that God wou ld give him protec tion, favo r, blessing and guidance in all of Tom's activities and that Tom hear the voice of God and q uickly obey. Pray tha t Tom wou ld be pure and hol y before God . Tom believes that we will win this nation o n our knees be fore a holy God . the Christian God of the Bible. Th e bankers ha....e tried to take God out o f our sc bools. government , and way of life . They must try and do this before going to a cashless society, knowing that real Chri stians wou ld objec t. per Revelation 13. Th ey are fight ing agai nst God and they will lose . God repea tedl y tells us to kee.p the faith and not 10 fear. Do not fear them. o nly fear Jesus. The battle IS the Lo rds. We simply will obey the King of Kings. Tom Schauf has put Jesus firs t in his life . Jesus is the King and we simply obe y Him. Tom says that God is the one who put the banki ng books together and this manual and web gites. God is the one behind all of this and He will not allow it to fai l. One da y. Tom may give the detai ls of how God did so man y thin gs to put all of this together. Tom gives God the glo ry for all of
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this infor mation , book s, and manuals. Ask your churc h members to join us in living for God and country and bring this nati on bac k to the God of our Foundin g Fathers. When the chu rches join in with us , we will have wo n. Re me mber tha t yo u can mak e a differen ce. When 100 becomes 200 and then 400 and 800 becomes 1,600 and that turns into 3.000 websues and everyone gets ou t over 100 emai ts and people read the books and get angry and follow us, we then deci de who is elected int o offi ce and we will have won the nation. People will jo in us wh en they see we have a plan that will work. The book sa les will fund us in sa ving the nation. TIme is running out so do not de lay in helping us save the nat ion . Nearly anyone in the country try ing to get people out of debt learned and copied from Tom. Two law d ubs or schools signed ag ree ments with Tom to keep the information confidential and then violated the agreeme nts. Th ey lost near ly every court case simply by changing a few things. Tom met with a group in Flor ida clai ming to e liminate debt Th eir manual say s that they learned about it th rough a CPA. Yes. it was Tom . They signed an agreement of confidentiality in front of a witness . Tom refused 10 wo rk with them after this. They have been telling people to se nd the credit car d co mpany $5 marked paid in full. If you read the uee, you will ~ thai the credit card company is correct and you can not use thi s strategy per the uee for credit card companies. People gave these peop le in Florida over SI .ooo for something per the uee that does not work. II did work in limited cases with low credit card balances becau se it was a low enough ba lance owed it was not worth pursuing.
e rs interest with freedom loving Ameri cans .
. , . I If you stop making loan payments . the y wi ll come after It IS vet) Simp e . I ' . th r the aeree . the m a second promisso ry note, c arrmng a e-" -
::~tl~iJ::~~~s as a payment and se~d the m monthly chec~s a:pli~ ~~ the second note, they cannot sue you but you ca n sue them or reuc < them to reveal the true agreeme nt. On a mo rtgage, asreement an d to rce k f ded the o , any ha... the records as to wh at ban un the titl e or escrow ccmpa.. loan . If yo u're nice , they might tell you.
. t 1 ret urn the wealth to you . The vote allows you to . th banki sys te m to Th ere are three ways { .n ~ . . thodwin without going to court. In\¡estme nl'' uSI~g e our adv antage return the wea lth to you . La... IS the most m . y me . . . Y h' h ls cou rt The vote is the only la...tin g sotuu on. A major political W rc I â&#x20AC;˘ . 'Is out and books party will joi n us if we have enough webs.l tes up, em ar sold. Hel p us win the vote and save Amenca .
T he End
Tell everyo ne 10 be careful of the people who copy Tom 's work. The copiers do not unde rsta nd what and wh y people wi n or lose in court. Th is manual was pur togeth er so that people can get the information for $275 and not spend $1,000s. Yes. Tom hats special frie nds that he give s the lates t ins ide infor mation to . Please ju st be sure tha t no one is taking advantage of yo u and your friends. We ask you to forw ard the latest good in formatio n to Tum so that everyone ca n be nefi t. Th anh for everyone 's he lp that has bee n hel ping To m in sa ving the nation. the governme nt we love. he lping us use the vo re to change things the American way. and replacing the government employees that represe nt the ban k-
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Appendix
Sugg ested Court Admissions
The fOllowing documen u are exampl es of what has bee obtain FU LL D ISCLOSURE of a ll . r . n used by olhers . lOu>rmauon a bout the bookj; 109entries associated with the loan agreement for credit cards eep, and home mortgages. These are not legal docume nts . For le~:~~~ans yo u shou ld alwa ys consu lt with competent legal counsel. Theseexam ce, are o nly for your educati on and reference . You must learn how I pies up yo ur Own stale statu tes and regu lations and th 0 loo k . use e m as necesssary II would be a good Idea 10 stan up a local study gro up of friends in . area 10 he lp share the â&#x20AC;˘ . . d ti your costs an ume for doi ng this ty pe of resear ch. 10
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The following are Admissi ons... admit or de ny the following. On e need s to mod ify admis...io ns to fit thei r coon case. Example : The lend er o r bank involved in the alleged loan followed GAAP. If it is a credit card , you can change the term " pro misso ry note" to " loan agreement" or "credit car d agreement and purc hase". If it is a mortgage broker, make sure you say. "alleged lender or finan cial institution invol ved in the alleged loan" . Th e lending ban k follo ws the Federal Rese rve Bank's policies and proced ures. 2) Th e lendi ng bank acce pts all specie of money mandated by the Fed eral Rese rve Bank . 3) The lending bank follows Generally Accep ted Accounting Principles . or GA A P. 4) The lending bank claims that they lent mone y 10 Joe Sm ith . 5) The term s and cond itio ns of the alleged agreement discl osed that the bank or financial institution invo lved in the alleged loan was to use the borrower's promi ssory note like or as mon ey or credi t which resulted in increasing the assets and liabili ties of a ban k(s) and/or financial institution(s) . 6) The terms and cond itio ns of the alleged agreement disclose that the original lender ne ver lent one cer nof money as adequate co nsideratio n to purchase the promisso ry note from the a lleged borr ower. 7) The term s and conditions of the alleged agree ment disc lose that the economics of the alleged loan were that the borrowe r's promisso ry note was exchanged fo r some thin g of equal value like mon ey or a bank chec k or bank draft o r similar device that was returned to the borrower as a loan. H) The tenu s and conditio ns of the alle ged agreeme nt disclose that a bank or finan ci al institutio n was to accept the borrower's prumisso ry note like banks acce pt mo ney and use the va lue of the promissory note to create new money or credit . 9 ) Th e terms and conditions of the al leged loan agreement allow the bank 10 record the promisso ry note as an asse t o f a bank or financ ial instituti on resulting in a new liability of a bank or financi al insritution. 10) Th e bookkee ping e ntr ies of the prom issory note shows that the bank I)
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or financial ins titutio n recorded the pro missory note as an asset of the bank(s) or finan cial institu tion(s) resu lting in a new liabili ty of the bank (s) or finan cial institution(s). I I) Ao zo rding to the term s and conditi o ns of the alleged loan, GA AP was to be fo llow ed , includin g the ma tching principle as outl ined in GAAP. (Matching principle means if a customer deposits mo ney at a ba nk, the ban k must cred it the sa me customer's che cki ng account showing a bank liabi lity, sho w ing that the bank owes money to the same customer.) 12) The lendin g bank _ _(write in lender' s name), agrees that the inlent of the agreement require.s that the party who provided the money tha t funded the loan is 10 be repaid the money plus interest. 13) According to the loan agreeme nt, the bank or finan cia l institution involved in the alle ged loan is to use the borrower 's promi ssory not e as mo ney, mo ney eq uivalent, or th ing o f value to give value 10 bank. checks or bank drafts or bank wire transfers. 14) According to GAAP bookkeeping entries, regarding the al leged loan and promissory note, ban k or financi al institution s' 3S."Cts and li abilities increase d by appro ximate ly the amount of the alle ged loan . 15) The alleged borrower is allowed to re pay the loan using the same specie of money or credit tha t the ban k used to fund the alleged loan, thus en di ng all liens an d interest. 16) Th e intent of th e alleged agreeme nt is that all borr ower s must repay all lenders. 17) The intent of the alleged agreement was fo r the borrower to pro vide the money or money equ iva lent or capital that the lender wou ld use to fund the loan to the borrower. 18) The intent of the a lleged loan agreement was for the one wh o provided the money 10 fund the loan is to be re pai d the money. 19) It was agreed in the alleged loan ag ree me nt that the econo mics of the alleged loan was to be similar 10 steal ing, co unterfeiti ng and swi ndl ing . 20) According to the te rms and conditions of the alleged loan agreeme nt, mo ney is reg arded as cas h. Federal Rese rve NOles and any et her money that ban ks acce pt as mo ney th ai is recorded as a bank asse t. 2 1) Th e intent of the a lleged loan agreement is for the lende r to fo llow GA AP regarding the promi ssory not e as required by law or CPA
aud it opinion. 22) Tbe so ca lled le nder wrot e the alleged loan agreement. 23) 'The curre nt party holding the alleged loan agreement unde rstan ds the te rms of the loan agreement including the terms of wh ich puny who was to provide money to fund the al leged loan.
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STRATEGY OF NOTICES Notice s are used as eviden ce that the bank will no t tell us the details of the agreement. People must create thei r own notices dependin g on the situation and circumstances and how the credi t card company responds. Copying a notice does not cut it. You must adapt the notice to your situation . look up the words "taci t procuration , taci t. teen admissions. and stare decisis" in the law dictionary. People use these words with breach of agreement and the following IHquestions in the form of a notice . Peop le send ou t a not ice with the 18 questions and using tacit procuration and stare decisis. then send a second notice to cure the breach , and then a third not ice of default. People usually give the bank 10 to 30 days to respond. People cal l the questions " inq uiries" in the notice. Th e followi ng are 18 inquiries for a cred it card company (people change it for mortgages). I) Doe s Mr. Debt Co llector have a con tract with Mr. Your Name to collect the al leged debt? Please res pond with a Yes or No in writing. 2) Is it true tha t when a credit card bo lder signs a purchase recei pt. that the recei pt is used as a bank asse t to give val ue to a check or si milar instrume nt or cred it to a bank acco unt. res ulting in a new bank asset and new ban k liability'! Please respond with a Yes or No in writi ng. 3) Is it true that the credi t card company follows GAAP. gene rally accepted acco untin g principles? Plea se res pond with a Yes or No in writing. 4) Was full disclosure give n regarding if the credit card holder was to provide the fund ing for the credit card loan per bookkeeping entrie s? Please respond with a Yes or No in wri ting. 5) Does the cred it car d co mpany acce pt so mething of val ue from the cred it card holde r tha t is recorded as an asset on the books of a financi al institution resulting in a new liability on the books of a finan cial institution? Please respond with a Yes or No in writing. 6) Did the credit card co mpany lend the credit card holder the credi t card co mpany 's money. Please respond with a Yes or No in writing . 7) Is it the intent of the credit card loan agreement that the party who funded the loan , per the bookkeeping entri es, is to be re paid the money lent to borrowers? Please respond with a Yes or No in wri ting. S) According to the bookkeeping entries of the credi t card com pany or
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financial institution invo lved in the alleged loan. when a credi t card holder purch ases merchand ise with the cred it card. doe s the credit card company or financial institution invo lved in the alleged loan acce pt a new asset from the cred it card holder that funds the loan to the cred it card holder in the same transaction? Please res pond with a Yes or No in writing. 9 ) Does the credit car d company or financial institution invo lved in the credit card loan record an asset showing that the cre dit card holder owes money to the c red it card company or fi nancial institution invo lved in the alle ged loan? Please respond with a Yes or No in writing . 10) Did the credi t card compan y foUow the Fede ral Rese rve Bank 's policies and procedures in the credit card transactions? Please respond with a Yes or No in writing . I I ) Is it true that, according to the bookkeeping entri es. the credit card ho lder funds the loan to the same credit card holder? Please respo nd with a Yes or No in writin g . 12) Is it true that. according to the bookkee ping entries of the credit card l.."ompany. the credit card holder is the lender to the credit card company ? Please answer with a Yes or No in writin g. 13) Is it true that. according to the bookkeeping entries of the credit car d company or financial inst itut ion invol ved in the alleged loan. new money or credit is created when the credit card ho lder uses the cred it card to make a purchase? Please answer with a Yes or No in writing . 14 ) Is it true that. according to the agreement, yo u received permi ssion from the credit lard holder to deny the credit card holder equal protection unde r the loan agreement? Please answer with a Yes or No in w riting . 15) Is it true that. acco rding to the agree me nt, the credi t card holder agreed to economics similar 10 stealing. cou nterfe iting and swi ndling against the credit card holder ? Please answer Yes or No in writi ng? 16) Is it true that the credit card compan y violated GAAP. generally accepted accounting pri nciples . thus making the agreement null and vo id? Please answer Yes or No in wri ting . 17 ) Is it true that the credit card co mpany co nverted the credi t card agree ment and/or credi t card pur chase recei pts by using the agreement and'or cred it card purchase receipts as value to give value (0 a chec k or similar instrument as proven by the bookkeeping entries . thus proving that the cred it card hold er funded the cred it card purch ases and proving
107
that the credit car d co mpany used false sta tements that the credit card company's money funded the credi t card purchase s? Please answer Yes or No in writin g. 18) Is it true that the cre dit card company violated the matchin g princip le of GAAP in that if the credit card company accepted an asse t from the cre dit card holder, the cre dit card co mpany did not credi t a liability account showing that the cred it card co mpany owed money to the credi t card h.older for the a.sset rece ived from the credit card holder ? Please answe r Yes o r No in writing. People use the notices to give details how the credit card company breached the agreement and then ask the credit card company to ei ther answer these questio ns and sign the affidav it or zero out the credi t card balance. People then use fra udulent concealment. tacit procu ration . tacit admissions. and stare decisis to win the argumen t. When you use notices like this. you are using adm inistr ative procedures. People use the same strategy for mortgages.
108
109
Non-Negotiable
Notice of Adequate Assurance of Due Performance Certified Mail # To :
_
XYZ Company, herein after " lender"
From:
I. Ben Robbed. hereinafter " Borrower" 999 Hill Ave
Date :
Fri. Feb 15. 2002
RE: Alleged cred it car d number
, this debt is
disputed. Before 1 pay. 1 want to know the detai ls of what the entire
me nt that the Lender then lent to the Borrower - which would have an eco nomic effect si milar to stealing. counterfeiting and swi ndling - and that the Lender has followed the Federal Laws 12 USC Sec. 1831n (aX2)(A ) and/o r 12 C FR 74 1.6{b) regardin g Generally Accepted Accou n li ng P r in cipl es and Generally Ac cepted Auditing Standards concerni ng this loan . T he Borrower is hereby req uesti ng that an authorized officer or agent of the Lender sign and return the attached affidavit wi thin 15 days of the date o f this notice. Also attached is an affid avit signed by (he Borrower stating the Borrowers personal knowledge o f the terms of theagree ment. Th is is the Borrowe r' s good faith attempt 10 sett le thi s matter and clear up any confusion abo ut the ter ms of the loan agreement prior to an Administrative Heari ng on the mailer. Failure to respond will be deemed a dishonor o f this Notice. The affida vits are ev idence that may be used accord ing to the Fede ra l Ru les o f Evidence to prosecute or en force any default by you in this mailer. My CPA is prepared to offer Expert Wilnes... testimony should court proceedings be necessary.
agreement is. and if you performed according to the agreement.
NOTI CE TO P RINCIPAL IS NOTI CE TO AGENT AND NODear officers and/or agents for Lend er.
It has come to the attention of the alleged Borrower. after consulting with Borrower's CPA and researching the Unit ed Sta tes C ode. the correspond ing Code of Federal Regulations, the Unifo rm Commercial Code, and certain Federal Reserve Bank Publications. that there is reason to belie ve that the alleged Lender is not the Holder in Due Course of the Borrower' s promissory note and/or may have breached the agree ment concerning the abo ve-refe renced, alleged loan or loan of cred it.
T ICE TO AGENT IS NOT ICE TO PRI NCI PAL. Sincerely,
Si nce the Borrower paid mon ey in the form of a promi ssory no te to the Lender to perform according to a loan agree ment. the Borrower is now hereby requesting Adequate Assurance of Due Pe rform ance pursuant to UCC 2-609 tha t the Lender has performed according to the loan agre ement and that the Qneinal lend er used their own money to purchase the Borro wer 's promissory note and did not accept the Borrower 's prom issory note as mon ey o r like mon ey to fund the check or similar insuu-
110
111
County of
--')
) ss. Slate of
--.J)
AFFIDAVITof I. Ben Robbed The unde rsigned affi ant. being duly sworn on oath, deposes and says: That he or she understands tha t an e xchange is not a loan. _XYZ Bank, herei nafter cal led "alleged lender " clai ms that they lent their money to me . Alleged lender claimed to me that the alle ged lender would charge interest as compensation for lendi ng me the al leged lender's mone y. Financial institution's CPA audit opinions clai m thai finan cia l institutions involved in issuing alleged loans or loans follow Generally Accepted Accounting Princi ples. GAAP. There is a di spute regardi ng who loaned what to w hom regar ding the alleged loan . The alleged lender claims that the y lent me their mone y. The al leged le nder claim s that the alle ged lender has loan papers with the affiant 's name on it as evide nce of a debt. The bookkeeping entries sho w the opposi te and thai the affiant was the lender and that the alleged lender was the borrower: According to GAAP, this is wha t hap pened : The allege d lender and financial institution involved in the alleged loan never lent one cent to the affian t as adeq uate consideration to purchase the affi ant's promi ssory note. The affiant first became the lender to the al leged lender and the alleged lender was the borrower. According to GAAP, the ban k recorded the promissory note as a bank asset offse t by a bank liability. The prom issory note was recor ded as a bank asse t in exc hange for credits in the affian t's transaction acco unt or to give value to a chec k or simi lar instrument. The matching principle in G AAP requ ires thai there be a matching liability offsetting the promi ssory note recorded as an asse t and that the liability shows that the bank/a lleged lender owes the alleged borrower money for the prom issory note that was lent to the bank or al leged lender. The promi ssory note was deposited in a similar manner as cas h is de posited into a chec king account. Depositing cas h or u promissory note into a checki ng account or a transaction account is the sa me or similar to loan ing the alle ged lend er the C3.<;h or promi sso ry note. Acco rding to GAAP, the promissury note was deposited as a bank asse t offset by a ban k liabili ty with
112
the bank liability showing that the alleg ed lender owed the affiant money for the promi sso ry note that was received from the affiant a.n d depo sited. When the bank deposited the promissory note and credlt~ the affiant's transaction account. the alleged lender. the one who clai ms they 0\\'11 the promi ssory note , recorded a loan from the affia nt to me alle ged lend er, mak ing the amant the lender and the alleged lender the borrower. The al leged lender returned the equivalent in equal value of the loan to I. Ben Robbed, the lender per GAA P. When the money was repa id 10 I. Ben Robbed . the true lender per GAAP, the allege d lender claimed tha t the re paid mo ney was a loan to a borrower named I. Ben Robbed and ignored the bookkeeping e ntries wh ich proved the money trail of who lent what 10 whom. "The allege d lender claims to be the le nder using a promissory note to clai m they lent money to the affi~t but GAA P shows tha i the op posite happened . The alleged lender did . the opposite of what the affiant. I. Ben Rob bed, unders tood and believed was to hap pen . cre ating an economic e ffect similar to stealing. counterfei ting and swind ling against the affiant. I. Ben Robbed . The cos t and risk of the agree ment changed . If the true lender len t $ 100 to a borrower and the borro wer re pays the loa n, there is equal
protection under the law and agreemen t. Th ere is no ~~mic ~ffect si milar to steali ng. counterfeiting and stealing and swindlin g. 11 the alleged lender steals $ 100 from the borrower and returns the $ J(X.' to the borrower as a loan. the C050t and risk changes and the economics of the alleged loan is si milar to steal ing and swi ndling. Signed under penalty of perjury .
Affian t
(Notice to Reader Be careful before signing this affidavi t. YOI,lmusibe sure that they really created new money,)
113
County of
- 'l ) 55.
State of
~)
AFFIDAVIT (Bank) The undersigned affiant. being duly sworn on oath, deposes and says: That he/she is un officerofXYZ Bank thai claims to hold the promissory note of I. Ben Robbed in the original, principal amount of $, _ That he/she. a s an oflkerof XYZ Bank holding said note. has the authority to execute this affidavit on behalf of the co mpany and to bind the same to its provisions. The loan agreemen t has the following terms: XYZ Bank follows GAAP(Generally Accepted Account ing Principles). The intent of the loan agreement is that the party who funded the loan , per bookkeepin g entries. is to be repaid the money loaned. According to the bookkeeping en tries. XYZ Bank used the ir money as adequate consideration to purchase the promissory note of L Ben Robbed . The promissory note was not used as value 10 give value to a check or similar instrument or checki ng account. 1 affinn that I understand the terms and conditions of the loan agreement. Signed under pena lty of perjury.
Signature of Officer John Doe. officer of XYZ Bank Sworn
10
and subscribed before me this
My co mmission Expires
day of
_
_
114
I1 S
Co unty Stale of
of_~
~)
) ss. )
The borrower does nOI pro vide fund s to the credit union wh ich are used to fund a check or similar instru ment.
AFFIDAVIT(Credit Union) The unde rsigned affiant, being dul y sworn on oath, deposes and say s:
I also affinn that all material facts are stated in the written loan agreeme nt. Signed unde r penalty of perjury.
That he/she is an o fficer of the below named finan ci al institution, a Federally Insured Credit Union. hereinafter ca lled credit union . Th at. as an offi cer of the cre dit union, he/ she has the authority to exec ute this affidavit on behalf of the credi t unio n and to bind the credit union to its provision s. It is understood that an exchange is not a loan . Th e credit unio n loan s to borrowers cash or other depositors' mone y to legally obtain possession of the promissory note s. Th e credit union affirm s it does not ac t like a mon eychanger, rece iving a negotiable instru me nt or co mme rcia l paper, hereinafter " funds", from the borrower. Th e credi t union exchanges funds received from the borrower for an equa l amount of fund s returned to the borrower, cal ling the transaction a loan to me borrower.
Sig nature of O fficer
John Doe, officer of XY Z Cre d it Union
Sworn to and subscri bed before me this
My com mission Expires
_
The credit union does not deny borrowers' equal protection under the law, money, credit, and agree ment.
The cred it union complies with and follow s al l Federal Reserve Bank rules, pol icies and procedures. The cred it union com plies with Generally Acce pted Accou nting Princi ples (GAAP) as stated in TItle 12, Chapter VII of the U.S. Co de of Federal Regulations (12 C FR 741.6) deal ing with the Na tional C redit Union Administration requi rements fo r insu rance . Th e credit union full y discloses to each and every borrower all material facts with res pec t to ull loan agreements as to wh o is to loan e xactly what to whom and whether [he borrower or the cre di t union fu nds the loom check.
116
day of
11 7
_
Non-Negotiable
NOTICE and DEMAND
From:
To:
John Doe . hereinafter " Borrower" Street City , Sta te 99999 XYZ Collection Agency, hereinafter " Lender' Street
me tha t you acknowledge the I funded the allege d loan and the loan agree ment was sto len and forge d, thus ending any claim you have against me.
15 U.S .C. ยง 1692 (e) states tha t a "false. decepti ve. and mi sleading represen tation in connection wit h the co llection of any debt." includes the
false representation of the character or legal status o f any debt and further makes a threat to flag any action that can not legally be taken as a deceptive practice.
C ity. State 99999 Such agreement o mits informati on, such as vital citations. which shou ld Date:
have been disclosed. disc losing the agency 's jurisdictional and statutory a uthority. Sa id agre ement furthe r co ntains false , deceptive. and mis-
RE: Notice and Deman d to Cease and De sist Co llection Activities Prior
leading represen tations and allegations intended to inte ntio nally pervert
to Validation of Pu rported Debt
the truth for the purpose of ind uci ng one , in reliance upon such. to pan with property belonging to them and to surrender cenain substanti ve
~ A ccount
Manager:
lega l and statu tory righ ts. To act upon this agree me nt wou ld divest one
Pursuant to the Fair Debt Co llection Practices Act. 15 U.S.C. ยง 1601 -
of hislher property and their prerogative rights, resu lting in a legal injury.
1692 ct. seq.โ ข this con stitutes timely writte n notice that I dispute the en tire amount of the alleged loan and that I decl ine to pay the attached.
Pursu ant to 15 U.S.c. ยง 1692 (g) (4) Validation of De bts, if you have
erroneo us. purporte d debt No tice whic h is unsigned and una ttested and
evi dence to va lidate yo ur cla im that the attached presentment of yo urs
us
e ntirety. without dishonor, on the
does not consti tute fraudulent misrep resentation and that one owe s this
grounds of breach o f contract. false representation. and fraud in the in-
alleged debt. this is a demand that. with in thirty (30) days. you provide
ducement.
such validation and support ing ev iden ce to substan tiate your claim . Un4
whic h I discharge and cance l in
til the requireme nts of the Fai r Debt Co llection Practices Act have been . You have refused to answer my Notice o f Adeq uate Assura nce o f Due
met and your claim is va lidate d. you have no au thority to co ntinue any
Performance. thus ending the alleged agreement and giving me evi dence
co llection activities .
that the you did not follow GAAP. According to the bookkee ping en tries. the borrowe r provided the money or credit. a thing of value. to
Th is is Actual Notice that absent the validation of your clai m wi thin
fund the alleged loan or check or similar instru men t in q ues tion . Failure
thirty (30) days . yo u must cease and desist any and all collection activ ity
to answ er my Notice of Adequate Assurance of Due Perform ance tells
and are prohibited from contacting me. through the mail. by telephone. in person . at my home . or at my work . You are further prohibited from
118
119
contacting my employer. my bank. or any other third party, Each and every attempted contact. in violation of the Fair Debt Collection Prac-
2.
tices Act, will constitute harassment and defamation of character and
According to your understanding of the alleged agreement. if I charge $400 to the credit card. does the credit card company loan me other people' s $400'!
will subject your agency and/or board and any and all agents in his/herl their individual capacities who take part in such harassment and defa-
3.
According to your understanding of the alleged agreement, if 1charge
mation. to a liability for statutory damages. of up to $ I,000. and possibly
$400 to my credit card, does the credit card company not lend me
a further liability for legal fees to be paid to any counsel which I may
other people's money. record the $400 charged on the credit card
retain . Further. absent such validation of your claim. you are prohibited
company as a $400 asset with a newly created $400 liability on the
from filing any notice of lien and/or levy and are also barred from re-
credit card company' s accounting books, and then transfer this li-
porting any derogatory credit information to any credit reponing agency.
ability to the store that I charged the $400 to so I receive $400 of
per the Fair Credit Billing Act, regarding this disputed, purported debt.
merchandise?
Further, pursuant to the Fair Debt Collection Practices Act. 15 U S.c. ยง
4.
1692 (g) (3), as you are merely an "agency" or board. acting on someone
If $400 was loaned to the credit card company, wuuld the credit card company 's assets and liabilities increase by $4oo?
else's behalf. this is a demand that you provide the name and address of the original "principal" or "holder in due course" for whom you are at-
5. If the credit card company stole $400 from me and recorded the
tempting to collect this debt together with your affidavit of assignmen t,
stolen $400 on the accuunting books and records of the credit card
.power of attorney. and certific ation of your license.
company. would the credit card assets or liabilities or capital increase by $400?
Again. pursuant to The Fair Debt Credit Collection Practices Act ยง 809. Validation of Debts (15 USC 1692g] subsection (b) attached). and as
6.
According
10
your understanding of the alleged agreement. if I
referenced in your correspondence verification within 30 days to the
charged $400 to my credit card. does the credit card company re-
address below: Verification requires "Con firmation of correctness, truth,
ceive a $41Kl asset from me for free and return the value of this same
or authenticity by affidavit. oath or depositio n. In accou nting, [it is] the
$400 asset back 10 me as a loan from the credit card company. and
process of substant latlng entries in books of account" (Black's Law Dic-
this loan pays for the merchandise I bought using my credit card?
tionary. Sixth Edition see attached). Th is verification should include, but not be limited 10. signing the enclosed affidavit verifying the terms
7_ According to your understanding of the alleged agreement. does the
and conditions of the alleged loan and answers to the following list of
credit card company charge interes t to me for the use of an asset that the credit card company loaned to me and that existed before I
questions:
charged the $400 to the credit card" I.
According to your understanding of the alleged agreement, is the written agreement. by the terms used within it. defining terms of II loan or an exchange of equa l value for equal value?
120
8.
Accord ing to your understanding of the alleged agreement, if John Doe uses his credit card to charge $400. according to the credit card
121
co mpany 's boo kkee ping entries. is John Doe also , at the same time ,
16. According to the written agreement, was the Borrow er to give the
the lender or c red itor to the credi t card company in the amo unt of
cred it card com pany anything of value of which caused the credit
$400'!
card company 's liabilities to Increase by the amou nt o f what the cred it car d co mpany received ?
9,
Does the credit card company com ply to the Federal Reserve Bank's policies and procedures when issui ng credit and charging interest to
17, Acco rding to your unde.....tanding of the alleged agreement. was there
customers of the credit card company when the customer uses the
to be an exchange of eq ual value for eq ual value between the credit
credit card to buy merchand ise?
card co mpany and the Borro wer?
10. Is it the credi t card company's policy to deny eq ual protection under
the law, money, credit, agreement or contract to the users of their
lit Acco rding lO your understanding of the alleged agreement, was there to be an e xchange from the Borrower?
credi t cards? 19 . If the cre dit card company is complying with the f-ederal Reserve
I I. Accord ing to the credit car d company 's bookkeeping entries, if the
Bank' s poli cies and proce dures when issuing credi t and charg ing
credit card co mpany paid its debt associated with granting loans,
interest, is the borrower 's transaction acco unt credited for the amount
co uld it pay the deb t that the Borrower allegedly owes the credit
borrowed and is that the matchin g liability for the amount that is
card company?
debi ted to the bank's asse t account? (Fed eral Reserve Bank of Chicago, MOOem Moue)' Mechanics, p. 6, and Two Faces of
12. Accord ing to yo ur credi t card compan y's policy, did the Borrower
Debt, pp
17-19)
provide the cred it car d company wi th an asset and me credit card company returned the value of that asset back to the same Borrower callin g it a loan ?
20. If ""A deposit created throu~h !eudin&, is adebt that has W be pajd on dem and of the deposiwL just the same as
the
debt arjs jn2 from a
c us tome r' s deposit o f ch&ks or currency in the bank" (Federal Re -
13. According to the credi t card com pany's policy, doe s the credit card
serve Bank of Chicag o , Two Faces of Debt, p 19), doe s that mean
company act like a moneychanger, rece iving an asset from the Bor-
that the credit card com pany owes the Borrower for the deposits
rowe r and returni ng the value of the asse t back to the same Bor-
made in co nnection with credit card loan transactions? [Emphasis
rower and charg ing the borrower as if there was a loan ?
added)
14. What are all of the book keeping entries rela ted to, and a....sociated with, the credit card transactions for this cred it card account'! 15. According to the alleged agreement. was the Borr ower to loan any thing to the cred it card co mpany ?
122
2 1. Whe n gran ting loans, if the credit car d company' s liabilities did not
increase. wo uld the bank he in vio lation of the Federal Reserve Bank 's po licies and proced ures'! (Federal Reserve Bank of Ch icago, Modem Mone)' Mechanics, p. 6, and Two Faces of Debt. pp
17-191
123
2 2. If the credit card co mpany does not re pay "a dewsil cre ated throu~h
kn!!in.&", would
29 . In your opinion , is it material or important to know which party is to
it be in viol ation of the Federal Reserve Bank's
fund the loan in order to kno w who is damaged if the loan is nOI
policies and procedures? (Federal Reserv e Bank of Ch icago , MQ!k
repai d?
em Moncy Mechanics. p. 6, and Two Faces of Debt, pp 17- 19 )
30. In yo ur opinion, do you be lieve the Borrower intended to provide 23. When a loan is not re pa id. is the one who funded the loan dam aged ?
the consideration to fund the credit curd loan?
24. When the credit card compa ny doe s nut repay, upon demand , the
3 1. If the credit card co mpany did not risk any of its assets at any time
deposit made by the Borrower, does it sho w thai the policy and in-
regardi ng the writte n agree ment. was this material fact ever disclosed
tent of the credit card co mpan y is 10 de ny equal protection of the
to the Borrower'!
agree me nt, law, and credit
10
the Borrower? 32. In your op inio n. if "An unconscio nable bargain or con tract is o ne
25. When the credit card co mpany does not reveal the substance of the
which no ma n in hi!'; senses . not unde r delu sio n. woul d make, on the
tran saction in the loan agreeme nt to the Borrower, does it show that
one ha nd and whic h no fai r and honest man wo uld accept on the
the policy and intent of the credit card co mpany is
other...[It is] usual ly held to be void as.against public policy." (Blacks
10
deny full dis-
clo sure of the terms of the loan agreement to the Borr ower"?
Law Dictionary, 6t h Ed ition), .....ould a loan agreem ent that takes the Borrowers assets a" the funding for a loan back to the Borrow er,
26. Do the Ge neral ly Accept ed Accounting Pri nciples (GA AP). the
then requires that the Borro wer pay back that loan with interest to a
Generally Acce pted Auditing Standard s (G AAS). the Audit Reports ,
third party, and then does oot req uire the repayme nt of the Borrower 's
the Aud itor's Working Papers, the Call Reports , and the credit card
funds back to the Borrower, be an agreement tha t is unconscionable ?
co mpany's financial statement" (thai are related to and ass ociated wit h the loan transaction) reveal the substance of the loan agree-
33. According to your understandi ng of the alleged agree ment, if the Borrow er was to prov ide the funds for the loan!'; fo r the credit car d
ment?
acco unt. wo uld the alleged agree ment, in your opinio n, be unconscionable as defined in Blacks Law Dictionary ?
27. If the substance of the alleged loan agreement does not match the written fonn of the agreement. does it sign ificantly change the cost and the risk of the written agreeme nt?
34. In yo ur opinio n. if a signature is "the act of putting one 's na me at the e nd of an instrum ent to attest to its validity" (Blacks Law Dietionary, 6t h Ed itio n), then cou ld that signat ure be valid if the instru -
28 . Is full disclosure of material facts essenti al to a valid contract in order to have a mutual agreement?
124
35.
ment itsel f is an uncon scionable bargain or contract? Did the cred it card co mpany actually gain title 10 any debt instrume nt (credit card slip) that the Borrower signed and gave tn the merchan t for the mercha ndise rece ived?
1 25
.,
36. Do you have personal knowledge that the credit card co mpany provided ' full disc losure ' of al l of the terms of the agreement?
37. Do you have perso nal knowledge that the cre d it car d com pan y discl osed to the Borrower the req uireme nts of Federal Rese rve Policies and Proced ures and the Generally Accep ted Accounting Prin -
. . I ' di ngs based upon answers 10 above que stions . in the lawsun p ea . . UCC 3-602(b)(2), the ob ligation of a party to . a _ 42. gmce , pUThuant to . . NOT discharged if the person making the P Y pay an tnsuumer uIS . ronal that me instrument is stolen, do you have pers • me nt k now S U I kno wledge that the instrument is or is NOT stolen?
ciples (G ASP) imposed upo n all Federal ly-insured (FD IC) bank s by TItle 12 of the United States Code , sec tion 1831(n) (a), that prohibit them from lendi ng their ow n money fro m thei r own assets or fro m other depositors? w as it disclo sed where the money for the alleged loan was co ming fro m'! 38. Do you have personal kno wledge that the cre di t card com pany disclose d that the contract the Borrower signed (the prom issory note) was goi ng 10 be conver ted into a ' negotia ble instrum ent' , by the cred it card co m pany and beco me an asset on the credit card
h
Id be aware that sendi ng unsubstantiated demands for paymen t . . '1fra ud under through the Unite d States mai l system migh t consutute mat I federal and state law. You may wish to consult wi.th a compete nt Iega
Y00 s ou
. dvi befo re your next co mmunicat io n with me . . a VlSOr" 1 re to respond on -po int within 30 days to satisfy this requ est y our at u , A t ·U . {the Fai r Debt Co llection Practices e W I 'thin the reqUirem ents 0 U l • const rued a" your absol ute waiver of any and all claims aga.lRs~ me . menr to compensate me for costs and legal tees. and your tacu agree
:
com pany 's accounting books? Did the credit card company dis-
close this information to the Borrower incl udin g that the signature on that note made it ' money', according to the Unifo rm Commer-
cial Code (VCC), sec tions 1-201 (24 ) and 3-104? 39 .
Do yo u have personal knowled ge thai the cre di t card co mpany disclosed that the Borrower's con tract or promissory note (money) would be take n and reco rded a" an asse t of the credit car d co mpany without ' va lua b le co nsideratio n ' given 10 o btain the note?
Sincerely,
John Doe
I F . Debt C ollection Pract ices Act enclosures: Th e al~ .. ' I' ks Law Dict ion ary, Sixth Ed ition ~ Veri facati on defiOltlllO m B ac . . . ble" defi nition in Black 's Law DictIOn ary. ~ U nconsc lona
40.
uo::
Do yo u have pers onal knowledg e that the credi t card company gave the Borrow er a de pos it slip as a recei pt for the money the Borrower
Si xth Ed ition Federal Rese rve Bank \lff Chi cago, Modem Money
gave the m, ju st as a bank wou ld normally provide when making a
Mec hanics, p.6. fDeb 17 & 19 Chicago !wQEacesoJ,pp. . of , Federal R ese-rve Bank
deposit 10 a bank'! 41 . Since , pursuant to UCC 3-3 0H. the burden of proof is on the party clai ming under the signature, do you have personal knowledge of the validi ty of the signature on the alleged agree ment if it is den ied
126
127
I \
I
No n-Negotia ble
NOTICE OF ALLEGED LOAN DISPUTE
From:
I. Ben Robbed . hereinafter " Bo rrower"
To:
XYZ Credit Card Co mpany. here inafter "Alleged Lender"
Date:
Fri. Feb 15, 2002
RE: Alleged cre dit card account and balance
Notice 10 the principal is notice to the age nt a nd noti ce to the age nt is notice to the prin cipal. I. I. Ben Robbed . hereby gi....e Notice of Alle ged Loan Dispute to the . Alle ged Len der. Alleged lender adverti sed to me that they wo uld lend me the ir money if I ag reed to repay thei r loan. Th e alleged lender advertised to me that they had mo ney deposited that they wou ld lend the de pos ited money to
turns the sto len SI00 to Joe as a bank loan. Th is has the economics similar to stealing. counterfei ting and swindlin g. totally changing the cost and risk of the alleged loan . In both cases the banker declares that Joe rece ived a $100 loan . All Borrower asks is that the one who funded the loan is to be repaid the mone y. In example number one. the bank funded the loan . In example number two. Joe funded the loan . Whe n the bank conceals the bookkeeping entries and the economics are similar to steali ng. counterfei ting and swindling. Joe lost $100 of wea lth and the bank gained $toO of weal th before Joe ever received the alleged $ 100 bank loan . Under example number two, the bankers wou ld end up owning near ly everything in America and force the ave rage American into more and more debt every time the bank sto le the mo ney and returned the stolen money as a loan . If there is an agreemen t. the n the re is to be mutual understanding and consideration . money paid, to buy Joe's promissory note. When the bank stole Joe 's $ 100 , the bank neve r paid one cent for the sto len money and the thcft was concealed and never agreed to by Joe . The bank told me thai they operated under example number one but the bookkeeping entries now show that the ban k operates under example number two of whic h I never agreed too .
I am defining the word theft or stealing as the len der obtainin g the borrower's promissory note without paying one ce nt as consideration to buy the promissory note from the borrower or as recording the promisso ry note as a loan from the alleged borrower to the bank or alleged lender and co ncea ling this loan . I am defining co unterfe iting as altering the promissory note after it wass alleged ly signed and/or creating new money or credit o r bank liabilities. I am defin ing swindli ng as the same or similar economics and or bookkeeping en tries as stealing $100 from J (~ and then returni ng the value o f the sto len prope rty 10 Joe as a loan . I am defi ning money as money. money equivalent, capital, funds , nego-tiab le instruments, promissory notes or anything of val ue that the banks use as or like money to fund checks or drafts or wire transfers or similar instruments.
borrowers, and thai borrowers musst repay the money so that the money
T here are two totally d ifferent kinds of loans. The first example gives eq ual protection and the one who funded the loan is to be repaid the money. Examp le num ber one: If Joe de posit" $100 at the bank . the bank lends Joe' s $ IOU to Mike . Mike repays the bank the $ 100 and the bank ret urns the $ J(Kl to Joe . Th e second example is qui te different. In the second ex am ple the bank claims that they will lend Joe SIOU. Th rough co ncea lment. the bank steals S IOO fro m Joe . depos its the $ 100 and re-
There is a difference between money and wealth. Mo ney is used to buy things . Weal th is things you cansell like real estate, gold. silver. cars and labor. Many Americans work 40 hours a wee k and sell their time for a payroll check. If the bankIIender steals a prom issory no te. deposits the promissory note like new money and crea tes new money and returns the va lue of the stolen money to the vic tim as a loan, the banker rece ived and benefi ted with similar eco nomics like or similar to stea ling. counterfeiting and swind ling and rece iving the alle ged borrow er ' s wea lth for free. The alleged borrower must wo rk for the banker for free to repa y the alleged loan or the banker forecloses lind gets the property for free . If every American stopped working and stayed hom e co unterfeiting money. like the bankers . there would be no food or gas for your car beca use every one stop ped worki ng. Th is is why thie ves and coun terfeiters go to jail. If the thief and cou nterfeiter is not sto pped . the criminal wo uld end up own ing everything for free . T he co unterfe iter or thief
128
129
can be returned 10 the depositors who funded the loan . Now I have evidence from the bookkeeping entri es per GAAP, tha t the alleged lender d id the opposite of what they claimed they had done. creating economics similar to steal ing . counterfeiti ng and swind ling.
need s the avera ge American to produce wea lth, ho mes, cars, boats. gas, food so that the thief and counterfeiter can live in luxury, obtai ning wealth for free withou t prod ucin g an ything of value other than new money. If you clai m that there is an agreement, men I demand to know the details of what you clai m is the agreeme nt. Reme mber, there is no agre e ment if the re is no mutual unde rstanding or fra udulent co ncealme nt of materi al fact s. I demand to know if the econo mics o f the alleged loan agree ment is similar to stea ling, counterfeit ing and swindling. I dem and to know the bank bookkee ping entries regardin g the prom issory note. The boo kkeep in$ entries prove the following: Th e alleged lender or financial institu tion invo lved in the alleged loan accepted the alleged borrow er 's loan papers (promissory note ) as a bank asset offse t by a bank liability. The finan cial in...titution exchanged the promissory note for credit in the bo rro wer's transaction account. Thi s means that the bank o r alleged len der recorded the pro missory note as a loan from the alleged borrow er to the bank and the bank (alleged lende r) first became the borrower. Example : If Joe goes to the bank and deposits Sloo, the bank cred its Joe 's checking account (tran sact ion account) for $ l oo . Thi s credit means that the bank recorded a bank liab ility account showing tha t the bank reco rded a loan fro m Joe to the bank and mat Joe was the lender and that the bank was the borrower. The bank agree s that Joe is the lender to the bank and that the bank is the borrower beca use Joe can walk up 10 the bank tell er and get his $100 or Joe can write a check for $ 100 and spe nd the money. Thi s means the financial institution accepted the prom issory note like money as a deposit j ust like banks acce pt ca.sh or checks like money and credit a checking account or tran saction account. Banks accept legal tend er money cal led cash and ban ks acce pt prornlssory notes like money. wh ich is no n legal tender money beca use promissory notes pay interest, investors will pay cas h for the promissory notes giving the promissory note s equal va lue to cas h. Acco rding to Federa l Reserve Bank publi cations and Gene rally Accepted Accounting Principl es - the standard bookkeeping entries banks are required to follow- the promi ssory note was recorded as a loan from me In the alleged lender or financial institution involved in the alleged loan. I wars first the lender and you were first the borrower. When you rep aid the loan and return ed the money to me. yo u claimed that the mo ney that yo u returne d to me was not repaying the money tha t yo u borrowed fro m me, but that the money you returned to me wa.. a loan fro m yo u to me . I think we all agree in the principle that the o ne who funded the loan shou ld be repaid the money. Acco rdin g to the boo kkeeping entries using G AAP, I was the one who provi ded the money or funds that created the money tha t you clai m was lent to me . AI this time you are concea ling the true ec onomi cs and facts of what you are clai ming is a loan. T he promi ssory note is not proof of a loan . Th e bookkeepin g entrie s will prove who loaned what to whom. If you claim that you did not follow GAA P. then the management of the financ ial institution issuing the C PA audit report clai ming that they followed GAA P will, by law. be co mmi tting a fraud. I have every reason to be lieve the CPA aud it report and that they fol-
130
lowed GAA P. If you claim that the re is an agree men t and a loan. then you must stop concealing ma terial facts, answer my que suons. and tell me if the alleged promisso ry note was reco rded as a loan from me to the original alleged lende r o r finan cial institutio n in ~ol ved in the alleged loan or if the promissory note was stolen. Acco rdin g to my recor~,. the pro misso ry note was sto len or recorded as a loan fro "!' me to the on gmal alleged lender and tha t the alleged lende ~ never paid one cent as ~d 足 eq uate consideration 10 purch ase the prnm l s.s~ry note fr~)m ':'Ie creau ng the econom ics similar to stealing, counterfeiting and SWindling. I am now de manding that you e ither stop concealing materi al fact.. and answ er my q uestions if you claim that there .is an ag ree me nt?r that you return the stolen pro missory note. If yo u c18Jm ~al the ~ roffilSSOry note was a loan from me to you, I demand that you Immediately repay the loan by returning the promissory note and stop the damage to me. If a thief stole my property or wealth and e xchanged the stolen goods for cash and returned the car..h to me as a loan . the thief concealed the theft. the thief breached the agreement and I have no legal obligation to repay the alleged loan. If a counterfe iter counterfeits mone y and le nds me the co unterfeited money whic h was used 10 buy my house. I have no lega l obligation 10 repay the alleged de ~t because ~e aJl.eged lender was engaged in a cri minal act giv ing me Illegal con side ratio n and breached the ag reement. AJ;, ~ar as I am concerned-.you breached the agreeme nt by doin g the oppos ite of wh~ you advenl~ and agree~ 10! creaung the economics similar to stealin g. counterfeiting an d sw indlin g, and then refused to give me specific details o f the alleged agreement and concea led material facts. A promisso ry note does.not p~ve that there wa.s a loan of the lende r's money as adequ ate consid era tion to purchase the prom issory note fro m the alleged borr ower and that no theft or counterfeit ing or swindling took place . Past payments are considered e xtortion paymen ts and do not ratify any alleged loan agreem ent. At this time the alleged lender has refused to ans wer q uestions and give detai ls of the alleged agreeme nt and has refused to ze ro out the alleged INUl or cancel the he n as the allegedlender dem ands payment or declares they will use legal means to collect. Just so that there is no confusion. money. that is cash. is recorded as a bank assset and a bank liability and mean s the ban~ o~~ money. ~hecks are not money, checks simply trans fer a bank liab ilit y - checking ~c足 count balance ind icating money the bank owes a customer who ea rlier depos ited money- to another bank custo~e r's check ing account balance . T he bank still owes mone y that was earlier de posited. 1am hereby offerin g to d ischarge the alleged debt provided that you gi,:,e specific answers to my que stions regard ing the alleged debt and I Will
131
payoff or disc harge the alleged debt using the same specie of funds or money or money eq uiva lent that the financial ins titution used to fund the alleged loan check or similar instru ment using Ge nera lly Acce pted Accounting Principles th us e nding all liens and interes t If you claim that there was an agree ment. then explain the detail s of the agreement by answering the followi ng questions or si gn the enclosed affidavit giving answers to the following qu estions: I) According to the alleged loan agreement, was the alleged le nder or fi nancial insti tution invol ved in the alleged loan to lend their mon ey as adequate consideration 10 purchase the promisso ry no te (loan agreement) fro m the alleged borrower? YES or NO. 2) According to the bookkeeping entries of the financial institution invo lved in the alleged loan. did the a lleged lender or finan cial in.stitution involved in the alleged loan lend their money as adequate consideration lent to purchase the promisso ry note (loan agree ment) fro m the alleged borrow er? YES or NO.
3)According to the al leged loan agree ment . was the alleged borrower to provide anything of value that a financial institution would use- to give value to a chec k or similar instrument in approximately the am ount of the alleged loan ? YES o r NO. 4) According to the book keepi ng e ntries of the financia l institution invo lved in the alleged loan. did the le nder or financial institution in volved in the alleged loan acce pt any th ing o f value fro m the a lleged borrower tha t was used to give val ue to a check or similar ins tru ment in approximately the amount of the alleged loan? YES or NO . 5) Did the a lleged lender and financial institution invo lved in the alleged loa n fo llow genera lly accep ted acco unting principles. GA AP? YES or NO ? Did the financia l institution invo lved in the allege d loan have an audit done by a CPA with the C PA audit stati ng that the financi al instit utio n followed ge nerally accepted accounting principles. GAAP ? YES or NO. 6) Do you have any information or ev idence that the lender or financial inst itution involved in the alleged loan did nu t follo w G AA P'! YES or NO.
8 ) Are the economics of the al leged Joan similar to stealing. counterfeit -
ing and swind ling against the borr ower"? YES or NO ? 9)Are all mate rial facts disclosed in the wri tten loan agreement'! YESor NO.
10) According to the alleged loan agreement. was the a lleged borrower to lend the borrower's promissory note to another party such as the alleged lender or financi al institution? YES o r NO .
If yo u refuse to answer these question s with detailed speci fic answers, we will presu me that there is a concealment of ma terial facts ami that the promissory note hats been altered and stolen and that the alleged borrower provided the mon ey thai the alleged le nder claims was lent to the alleged borrower. If you refuse to answer these question s, then please return a zero balance and return the promi ssory note . If there is a the ft and if an attorney answers witho ut giving speci fics 10 these questio ns. the attorney may be adde d to a future lawsuit. We will then have the atto rney become a witness in court and explain what this agree ment is all about. Re mem ber, if there is an agree ment, the attorney will have to answer these questions in a de position or in coon under oath. If the at torne y commits perjury, he or she will be disbarred. I further unde rstan d that if I sue an attorney, the attorney's professional insurance will automatically offer between SlO.ooo to S20,OOO to settle this out of court and dro p the attorney fro m the lawsuit. Be advised , I will not accept telephone calls. Onl y respond in writing with an officer of yuur cor poralion signi ng your presentme nt. At this time . I believe you are in possession of sto len. fo rged property that loo ks like a promissory note with my name on it. Please return the st olen forged property or gi ve specific answers to my questions.
Sincerely,
I. Ben Robbed
7) Was it the inte nt of the a lleged loan agreement that the one who funded the loan is to be repai d the money? YES or NO .
132
133
Non-Negotiable NOTICE OF HOWER IN DUE COURSE STATUS
cent to obtain the promissory note and thereby violated federal laws regard ing GAAP. I now believe I have the evidence that the terms and co nditions of the alleged agreement are concea led, the promi ssory note
From:
I. Ben Robbed. hereinafter " Borro wer"
To :
XYZ Credi t Card Co mp any, herei nafter " Alleged Le nder"
Da te:
Fri. Feb 15. 2002
was stolen. forged, and/or altered. No good title can pass with a theft . There was no meeting of the minds or mutual asse nt regarding these questions and you have refused
10
ex plain the terms and cund itio ns by
answering these q uestio ns. Th erefore. there is no valid agreement. Th e alleged lender and fin ancial institution is not a hol der in due No tice to th e Pri ncipal is No tice 10 th e Agfo nl. Notice 10 (he Agent is Notice 10 th e Principal.
course for the following reasons. The alleged lend er and financial in s titution know s or sho uld have known the standard bookkeeping entries ca lled GAAP. and the money trai l. bookkeeping entries show
I. I. Ben Robbed . hereby give noti ce tha t the bank is not a Holder in Due Course of a promivsory no te with the nam e o f l. Ben Robbed on it. This is in regards to the alleged loan number # .
that the opposite happened compared to what the alleged agree ment sa id was to happen. O ne of the requirements of a negotiable instrument is that the instru-
Pre viou s notices to the XVZ Credit Card Co mpany for adequate
men t must be payable for a filled am ount of money. My ques tion is.
assurance of due performance have not bee n properly and lega lly
fro m your view poi nt according to yo ur understan ding o f the agree -
resp onded to. Previous notices req uesti ng specific terms and co ndi-
ment. is money deposited reco rded as a bank asse t or as a bank
tio ns regarding if the promisso ry note was used to fund the bank loan
liability? P lease list all forms o f mo ne y or negotiable instruments you
check have gone unan swered . Also unanswered were prev iou s notices
and the alleged lender and financial institu tio n you are involved in,
requesting if the term s and condi tions of the alleged loan agreement
issui ng the alleged loan, use as or like or as a substitute as money or
intended 10 have the eco nomics similar to stea ling the promissory
credit used to fund checks or bank drafts. Spe cifi call y. did you or die
note. de positing the promissory note . using the promi ssory note as or
al leged lender and finan cial institution use my promissory note as a
like mone y or as a substitute for money that wa.. used to fund a chec k
bank asset which was offset by a bank liability? Spe cificall y was my
or similar instrument that was ret urned to the Borrower as a loan .
promissory note used to fund a chec k. ()f bank draft? If my promissory
Req uests to know if GAAP. Generally Accepted Accounting Princip les
note was use d to fund a chec k, the n I pro vided the money 10 fund the
we re followed. have also gone unanswered . I am of the be lief thai
so called loan and you never lent me one ce nt of you r mo ney to
XYZ Cre dit Card Co mpany hass inte ntionall y at te mpted to concea l the
purchase the note from me . Therefore , the ecun omics are similar to
true terms and cond itio ns of the alleged loan and the Borrower held no
stealing. counterfe iting and swin dling agains t me . wh ich Ine ve r
o pport unity to obtain the know led ge of the true terms that are similar
agreed to and which is not pari til" the agree ment. Accord ing 10 GAA P,
to stealing, counte rfeiting and swindling. The original al leged lende r
if you used my promissory no te to fu nd a chec k. you stole my promi s-
and financial instit ution invo lved in the a lleged loan neve r paid one
snry note or you record ed it as a loan from me to you and you still owe
13-1
135
risk of the transaction. I wan t to know speci fical ly did you intend to
told me that if I do not pay the payments , that you would use legal means to collect. I am tryi ng til resolve this matte r by notice s before
crea te the econo mics similar 10 stealing my promi ssory note as part of
filin g co urt action.
me money that you never lent me. Steal ing changed the cost and the
the ag ree ment? Please answe r yes or no . If you refuse to tell me , then we have fraud in the factum. whi ch make s you no longer the holder in
Ali i have asked you to do is answer spec ific que stions regarding the
due course. No good title passes with a theft.
term s and conditions of what you clai m is a loan . wheth er the promi ssory note was used
10
fund a check or similar instrume nt. and if you
Since the promisso ry note is forged , and no good title passes with a
followed GAAP. Th is wo uld tell me if the term s and co nditions of the
forged document , you are not the ho lder. I dem and that the sto len
alleged loan have the economics similar to stealing. counterfeiting and
forged prom issory note now be retu rned or yo u answer all of my
sWi~dling. So far. you have refused to clai m that you followed federal
que stions in this notice and prev ious noti ces ex plaini ng the terms and
law following GAAP and you have refused to den y that the economics
conditions of the alleged agre ement concerning the economics si milar
are si milar to stealing, coumerleiti ng and swindling.
10 steali ng. cou nterfe iting and swind ling.
To be a ho lder in due course you must perform the following 3 deeds: Fraud has been committed when a false statement is made with the
I) purchase the prom issory no te from the borrowe r. 2 ) take the
maker having know ledge tha t the statement would be relied upon with
promissory note in good faith using honesty. abse nce of malice and the
the intention that the other part y will belie ve it and act upon it and the
abse nce of design to defraud or to seek an unconscionable advantage
party having ju stifiable reliance o n the tru th o f the stateme nt incurs a
(See Blacks Law Dictionary for good faith), and 3) ha ve nu notice of
damage . Aoyti me you have a theft, yo u ha ve a damage . Thi s is why
any de fenses against payment of other claims on the promissory note .
cou nterfeiters and thie ves are put in prison. Criminals damage people .
The alleged lender never paid one ce nt of conside ration to purchase
You clai m the lender len t their money
a." co nside ration to purchase the
the promissory note from the alleged borrower, GAAP was violated.
prom issory note from the borrower. You claim mat you follow the
and materi al facts of the alleged agreement were concealed cooce rni ng
federal laws of GAAP. You claim that the one who funded the loan is
the econom ics similar to stealing, counterfeiting and swi ndling. You
to be repaid the money. The book keeping e ntries pro ve that I funded
the alleged loan and you never gave any money to purchase me
are not a holde r in due course and I demand that you return the sto len promissory note or an swer all of my que stions to revea l the true ~erms
promissory note from me. The bookkeeping entries prove me
and conditions of the alleged lo an. lf yo u refuse to answer. then It
ec0-
nomics are similar to stealing. counterfeiting and swind ling and I wa nt
proves fraud in the factum, which is a rea l attack against the alleged
you to tell me if this wes the intent of the alleged loan agreement and
holder in due cou rse.
if you refuse to answer and reveal the true terms and cond itions of the alleged loan agreement.
Sincere ly.
All past paymen ts are co nsidered to be extortion payments and are not in any way considered as valid ation of any alle geddebt owed. You
136
I. Ben Rob bed
137
Non -Negotiabl e
NOTICE FOIlIlEQUESTOF CONFIIlMATlO N (IJ OF TE RMS AND COND ITIONS OF AGREEMENT AND ADEQUATE ASSU RANC E OF DUE PERFORM ANC E T HAT CREDIT CA RD CO MPANY DID NOT BREACH AGREEM ENT
be repaid the money. 5) All material factis are to be disc losed in the written agreement. 6) The card holder must repay the loan in the same spec ie of money or credit or th ing of value (he financia l institution invol ved in the loan used 10 fund the loan chec k or similar instru me nt. thus ending
all interest and liens . 7) Th e loan transactio n does not crea te the eco-From:
l. Ben Robbed. here ina fter " Borro wer"
nomics similar 10 stealing. counterfeiting and sw indling . The agreement that I entered into has the abo ve seven elements in it. According to the boo kkeeping entrie s. Alleged Lender breac hed all seven
To:
XYZ Credit Card Co mpany. hereinafter "Alleged Lender"
basic ele ments o f the alleged agreement and then Alleged Lender l.:OOcealed material facts of the alleged agreement. I am demandi ng adequ ate
assurance of due performance that the above seven ele men ts are pan of the alleged loan agreem ent or I demand thai Alleged Lender return a Date :
Fri. Fe b 15. 2002
zero loan balance . The proo f that Alleged Lende r brea ched the agreemen! is that both your asse ts and liabiliti es inc rease d. pro ving thai Al-
Nolin ' to the Principal is Notice to the Agent. Notice 10 the Agent is Noti ce
lo
the Principal.
leged Lender recorded a loan from Borrower 10Alle ged lender and then returned the loaned money from Alleged Lender back to Borrower. false ly claiming the money ret urned to Borrower is a loan from Alleged Lender
I. I. Ben Ro bbed. Borrower. hereby give notice to Alleged Lender for
10 Bor rower. Alleged Lender d id the op posite of what was advertised
request of con tirmation of term s and conditions o f agreeme nt and ad-
and agreed to and then concealed the fact that Alleged Lender accepted
eq uate assurance of due performance that Alleged Lende r did not breac h agreement.
money or credit or thing of value from Borrower that funded a check or similar instru ment in the amount of the al leged loan.
Alle ged Lender agreed to the follo wing general terms and conditions of
Th is not ice will remain as fact of the ele ment s of the alleged agreement
the credit card alleged agreeme nt: I ) Alleged Lender must use their money
and the breac h o f Alleged Lender unless Alleged Lender disp utes this
or credit as adeq uate consid era tion 10 purchase (he agreement from Bur-
notice within 10 days.
rowe r to repa y the loan . 2) Alleged Lende r involved in the a lleged loan did not acce pt anything of value from Borrower thai woul d be used to
Signed.
fund a check or similar instrument in appro ximately the amount of the alleged loan . 3) Alleged Lender must follow generally accept ed accounting princi ples as req uired by CPA audit opinions . 4) The Ime m of the agreement is thai the pany who funded the loan is 10
138
I. Ben Rob bed
139
No n-Negotiable
NOTICE FOR REQUEST OF CONFIRMATION121 OFTERMSAND CONDrnONSOFAGREEMENT AND ADEQ UATE ASSURANCE OF DUE PERFORMANCE TIiAT CREDIT CARD COMPANY DID NOT BREACH AGREEMENT
From:
I. Ben Rob bed. hereina fter " Borrower"
To:
XYZ Credit Ca rd Co mpany , hereina fte r "Alleged Lende r"
prove me wro ng. If you re fuse to give me proof, the n your refusal to admit if you agree o r disagree to the seven e lements of the alleged agree . ment and refu sal to give bookkeeping entri es proves conceal ment on yo ur part.
I will only give you proof of my accusations when you confirm or deny the .se ve~ elements o f the alleged agreement that I requested now and in the. previou s noti.ce with a signed signature from your co mpany. If you c1~m that there IS an agree ment. then exp lain if yo u agree or disagree W i th t~e seven elements and answe r each stateme nt dire ctly with ou t changing the subject. Signed.
Date :
Fri. Feb 25. 2002
Notice 10 the Principal is Nonce to the AgE'nL Notice to th e Age nt is
I. Ben Robbed
Nonce 10 (he Principal . Your respo nse to my NOTICE FOR REQUEST OF CONFI RMATION OF TERMSANDCONDITIONS OF AGR EEM ENT AND ADEQUATE
ASSURAN CE OF DUE PERFORMANCE THAT CRE DIT CA RD CO MPANY OlD NOT BREA CH AGREEMENT, sent Feb. IS, 2002. appears that yo u do not agree (0 the seven e lement s of the alleged agreemen t as contai ned in my pre vio us notice. a copy of which is enclosed. 11 appears from your response that you agree that you know that you neve r lent me one cent of your money a" adequate co nsideration to purcha se what you claim is an agreement that I signed agree ing 10 repay a loan. Accord ing to your response. you claim that I provided the mone y. mone y equ iva lent. cre dit. ca pital, funds. or thing of va lue, here inafter called money. to fund the check that yo u claim was a loan to me. According 10 your respon se. you do not follow generally accepted accounting princi ples. thus agreeing that you co mmitted a fe lony regarding SEC and securities fraud . Accordi ng to you r response. the economics of the alleged loan is sim ilar to stealing . counterfeiting and swind ling and the party who funded the loan is not to be repaid their money. If you deny what I have said , then I de mand that you show me your standard bookkeepi ng e ntries regarding your alleged loa ns in a respon se to me and
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No n-Negotiable
NOTICE OF BREACH OF AGREEMENT
These six e lements o f the alleged loan agreement stand as the basic ele ment" of the agreemen t unless.. yo u write back in ten days and state oth -
From:
I. Ben Robbed . hereinafter " Borrower"
To:
XYZ Credit Card Company, hereinafter "Alleged Lender-
Da~ :
Fri. Feb 15.2002
erwise.
Signed.
I. Ben Robbed
Notice 10 th e Principal is Notic e 10 Ihe Agent. Notice to th e Agent is Notice 10 the Principal. Our records show a completely diffe rent loan agreement than what yuu claim is the agreement. The loan agreement that I understand was agreed to had the following terms and conditions. I) The original lender or fi nancial institution involved in the a lleged loan is to use their money. money eq uivalent, ca pital. funds or thing of value herei nafter called money. to purchase the promissory note . (loan papers -) from the alleged borrower, 2) The a lleged lende r or financial instit utio n invo lved in the alleged loan was to receive no money from the borrower that would be used 10 fund the alleged loan check or similar instrument . 3) Tbe lender and financial insti tution invol ved in the alleged loan mus t follow genera lly accepted accounting principles. G AAP. as de scribed in C PA audit opi nions and the law. 4) Th e intent of the alleged loan agreement is thai the party who provided the money 10 fund the alleged loan check or similar instru me nt is to be repaid the mo ney. 5) All materi al factss are disc losed in the alleged loan agree me nt 6) Th e borro wer must rep ay the loan usin g the same spec ie of money. mu ncy equi vale nt, funds, capital. credit or thin g of value, hereinafter ca lled money. that the fi nancial institution. involved in the loan process. used to fund the loan check or similar instrumen t accord ing to generally accepted accounting princ iples. thus e nding a ll intere st and liens .
It ap pears that yo u have violated all six elements of the alleged loan agree ment and thus breached the agreeme nt us ing fa lse state me nts.
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143
Non-Negot iable
NOTICE and DEMAND FO/? FULL DISCLOSU/?E Dale:
Fri. Feb 15.2002
Fm m:
I. Ben Ro bbed. hereinafter "Borrowe r" 102 Hill Ave City, State xxxxx
To:
XYZ Com pany, hereinafter "Lender"
AITN: MORTGAGE LOAN DEPT
Re : Loan Accoun t # :
,
he reinaf ter "Loan", dated
_
For property listed as:
Notic e 10 th e Principal is Not ice to th e Age nt a nd Notice to th e
Agent is Nottce to the P.-incipal.
It has come 10 the Borrower' s attention. after chec king the records for
the Loan, thai there ap pears to be a material omission in me Loan agree me n! concerning the deposit and disposition of the Borrower' s promis-
sory note du ring the execution of the Loan.
Pursuant to Federal and Stale laws and regu la tions (see attached) , the Borrow er is hereby givi ng the Lender Notice and Demand for Full Dis-
144
145
clo sure of the ter ms and execution of the Loan . Please mai l to the Bor-
twenty (20) days of rece ipt will be deemed a dis honor of this Not ice and
rower, ce rtified and veri fied copies, or schedule an opportuni ty for the
Demand for Full Disc losure.
Borrower or his C PA 10 make a physical inspection of th e foll owing document s wit hin twen ty (20) days of the rec eipt of this Notice:
Since rely,
I . the ori gi nal promissory note, front and back , associ ated with the Loan
I. Ben Rob bed
2. an y allonge, front and back, affi xed to the Borrower 's
encl:
promi sso ry note for indorseme nts 3. all bookkee pingjournaJe ntries associated with the Loan 4 . the deed of trust associated wi th the Loan 5. the insu rance policy on Borro wer 's promis-..o ry note associated with the Loan 6 . the Call Reports for the period covering the Loan 7. the deposit slip forthe deposi t of lhe Borrow er 's prom issory not e a...s ociated with the Loan
&. the o rde r authorizing the withdr awal of funds from Borrower's prom isso ry note de posit account 9 . the account number frum whic h the mo ney came 10 fu nd the chec k given to the Borrowe r 10. verification that Borrow er' s promi sso ry note was a free gift 10 the Lender from the Borrow er II . the name and address of the CUTTent ho lder o f the Borrower's prom issory note 12 . the name and address of the Lende r 's CPA and Audi tor for the period co ve ring the Loan ex ecu tio n
Thi s is the Borrow er's good faith attempt
10
cl ea r up any confusion in
this matter before taki ng any furthe r actions . Failure 10 respon d within
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147
Acts, Sta tutes, Regulations, Terms Fair Debt Collection Practices Act (Pu blic Law 104-208 , 110 Star. )on'! (Sept ) 0. 1996) Section 809 Fair Cred it Billing Act Truth in Lend ing Act Regul ation Z • Full Disclosure RES PA · Real Esta te Se ttlement Procedures Act Adm inistrative Procedures Act 1917 Tradin g with the Enem y Act amended in 1933 10 incl ude U.S. Citizens a s "ene mies of the sta le" 16 Am Jur 20 . 71 - Ameri can Jurisprudence C'The Constitution does not authori ze emergency powers o r a suspenr..ion of itsel f:') Sec uri ties Act of 19 33-34 Section II Section 12(2 ) Section 17(a ) Section 24 Securities and Exchange Act of 1994 Section lO(b), Ru le tob-5 Section 18(a) Sec tion 32(a) FCPA - Fore ign Co rru pt Practices Act of 1977 UCC • Uniform Commercial Code Section I-201 Ge neral Definitio ns Section 2-609 Right to Adeq uate Ass urance of Due Performance Section 3- 104 Neg otiable Instrume nt Sectio n 3·204 Indorse ment Section 3· 302 Ho lder in D ue Course Sectio n 3-203 Transfer of Insrrumer u-Rtghts Acquired by transfer Section 3-303 Value and Co nsideration Sec tion 3-305 ajiii Claims and De fenses and Recoup ment
150
Section 3-3<m Proo f o f Signa tures Section 3-407 Alteration Section 3-602 Payment Section 3-603 Tender of Payment Section 9- 105 Definition s [Secured T ransactions) Section 9 - 107 Reque st for Accounting USC - Unit ed Sta tes Code Title 5 Sectio n 556 Hearings TItle 12 Section l 83ln (a)(2)( A) - GAA P req uired for banks TItle 12 Section 260 1 Disclosure TItle 12 Section 2605(e) Dispute a claim of debt TItle 15 Sectio n 160 1 Fair Debt Collection Practices Title 15 Section 1692 Fair Deb t Collection Practices C FR - Code of Federal Regulations TIlle 12 Section 226.17(b) Full Disclos ure Tit le 12 Sec tion 226.17(c)(l ) Ba<;is of Disclosure Tille 12 Sec tion 308 FDIC Rules of Practice s and Procedures Title 12 Section 74 1.6(b) · GAAP required for credit unio ns FRCp · Federal Rules of Civil Procedure Rule 27 - Depositions before action Rule 34 - Production of docu men ts Rule 36· Admiss ions FRE - Federal Ru les of Evidence Ru le 100 3 - Adm issibil ity of Duplicates FDIC - Federal Depo sit Insurance Corporation G AAP - Generally Acce pted Accounting Principles Matchi ng Representation al Faithfulness G AAS - Generall y Accepted Auditing Stand ard s Federal Reserve B,U1k Publications Modern Money Mecha nics Two Faces of Debt
151